08/15/2022 City Council Regular Agenda Packet
August 11, 2022 11:30 AM City Council Regular Meeting Agenda Page1 MAYOR
Marie Blankley
COUNCIL MEMBERS
Rebeca Armendariz
Dion Bracco
Zach Hilton
Peter Leroe-Muñoz
Carol Marques
Fred Tovar
CITY COUNCIL
AGENDA
CITY OF GILROY
CITY COUNCIL CHAMBERS, CITY HALL
7351 ROSANNA STREET
GILROY, CA 95020
REGULAR MEETING 6:00 P.M.
MONDAY, AUGUST 15, 2022
CITY COUNCIL PACKET MATERIALS ARE AVAILABLE ONLINE AT www.cityofgilroy.org
AGENDA CLOSING TIME IS 5:00 P.M. THE TUESDAY PRIOR TO THE MEETING
Due to COVID-19, it is possible that the planned in-person meeting may have to change to a virtual
meeting at any time and possibly on short notice. Please check the City of Gilroy website at
http://gilroyca.iqm2.com/Citizens/default.aspx for any updates to meeting information.
COMMENTS BY THE PUBLIC WILL BE TAKEN ON AGENDA ITEMS BEFORE ACTION IS TAKEN BY
THE CITY COUNCIL. Public testimony is subject to reasonable regulations, including but not
limited to time restrictions for each individual speaker. Please limit your comments to 3 minutes.
The amount of time allowed per speaker may vary at the Mayor’s discretion depending on the
number of speakers and length of the agenda.
Written comments on any agenda item may be emailed to the City Clerk’s Office at
cityclerk@cityofgilroy.org or mailed to the Gilroy City Clerk’s Office at City Hall, 7351 Rosanna
Street, Gilroy, CA 95020. Comments received by the City Clerk’s Office by 1 p.m. on the day of a
Council meeting will be distributed to the City Council prior to or at the meeting and available for
public inspection with the agenda packet located in the lobby of Administration at City Hall, 7351
Rosanna Street prior to the meeting. Any correspondence received will be incorporated into the
meeting record. Items received after the 1 p.m. deadline will be provided to the City Council as
soon as practicable. Written comments are also available on the City’s Public Records Portal at
https://bit.ly/3G1vihU.
In compliance with the Americans with Disabilities Act, and Assembly Bill 361, the City will make
reasonable arrangements to ensure accessibility to this meeting. If you need special assistance
to participate in this meeting, please contact the City Clerk a minimum of 72 hours prior to the
meeting at (408) 846-0204.
If you challenge any planning or land use decision made at this meeting in court, you may be
limited to raising only those issues you or someone else raised at the public hearing held at this
meeting, or in written correspondence delivered to the City Council at, or prior to, the public
hearing. Please take notice that the time within which to seek judicial review of any final
administrative determination reached at this meeting is governed by Section 1094.6 of the
California Code of Civil Procedure.
A Closed Session may be called during this meeting pursuant to Government Code Section
54956.9 (d)(2) if a point has been reached where, in the opinion of the legislative body of the City
on the advice of its legal counsel, based on existing facts and circumstances, there is a
City Council Regular Meeting Agenda
08/15/2022 Page2 If you need assistance with translation and would like to speak during public
comment, please contact the City Clerk a minimum of 72 hours prior to the
meeting at 408-846-0204 or e-mail the City Clerk’s Office at
cityclerk@cityofgilroy.org.
Si necesita un traductor durante la junta y gustaría dar un comentario público,
comuníquese con el Secretario de la Ciudad un mínimo de 72 horas antes de la
junta al 408-846-0204 o envíe un correo electrónico a la Oficina del Secretario
de la Ciudad a cityclerk@cityofgilroy.org.
significant exposure to litigation against the City.
Materials related to an item on this agenda submitted to the City Council after distribution of the
agenda packet are available with the agenda packet on the City website at www.cityofgilroy.org
subject to Staff’s ability to post the documents before the meeting.
KNOW YOUR RIGHTS UNDER THE GILROY OPEN GOVERNMENT ORDINANCE
Government's duty is to serve the public, reaching its decisions in full view of the
public. Commissions, task forces, councils and other agencies of the City exist
to conduct the people's business. This ordinance assures that deliberations are
conducted before the people and that City operations are open to the people's
review.
FOR MORE INFORMATION ON YOUR RIGHTS UNDER THE OPEN GOVERNMENT
ORDINANCE, TO RECEIVE A FREE COPY OF THE ORDINANCE OR TO REPORT A
VIOLATION OF THE ORDINANCE, CONTACT THE OPEN GOVERNMENT
COMMISSION STAFF AT (408) 846-0204
The agenda for this regular meeting is as follows:
1. OPENING
1.1. Call to Order
1. Pledge of Allegiance
2. Invocation
3. City Clerk's Report on Posting the Agenda
4. Roll Call
1.2. Orders of the Day
1.3. Employee Introductions
2. CEREMONIAL ITEMS
2.1. Proclamations, Awards, and Presentations
3. PRESENTATIONS TO THE COUNCIL
3.1. Annual Parks and Recreation Commission Presentation
3.2. Presentation from SCC Office of Supportive Housing
City Council Regular Meeting Agenda
08/15/2022 Page3 3.3. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT
ON THE AGENDA BUT WITHIN THE SUBJECT MATTER
JURISDICTION OF THE CITY COUNCIL
This portion of the meeting is reserved for persons desiring to address the Council
on matters within the Gilroy City Council’s jurisdiction but not on the agenda.
Persons wishing to address the Council are requested to complete a Speaker’s
Card located at the entrances and handed to the City Clerk. Speakers are limited to
1 to 3 minutes each, varying at the Mayor’s discretion depending on the number of
speakers and length of the agenda. The law does not permit Council action or
extended discussion of any item not on the agenda except under special
circumstances. If Council action is requested, the Council may place the matter on
a future agenda.
Written comments to address the Coun cil on matters not on this agenda may be e-
mailed to the City Clerk’s Office at cityclerk@cityofgilroy.org or mailed to the
Gilroy City Clerk’s Office at City Hall, 7351 Rosanna Street, Gilroy, CA 95020.
Comments received by the City Clerk’s Office by 1:00 pm on the day of a Council
meeting will be distributed to the City Council prior to or at the meeting and
available for public inspection with the agenda packet located in the lobby of
Administration at City Hall, 7351 Rosanna Street, prior to the meeting. Any
correspondence received will be incorporated into the meeting record. Items
received after the 1:00pm deadline will be provided to the City Council as soon as
practicable. Written material provided by public members under this section of the
agenda will be limited to 10 pages in hard copy. An unlimited amount of material
may be provided electronically.
4. REPORTS OF COUNCIL MEMBERS
Council Member Bracco – Gilroy Sister Cities Association (alternate), Santa Clara Co.
Library JPA, SCVWD Joint Council-SCRWA-Board Water Resources Committee, South
County Regional Wastewater Authority Board, Street Naming Committee
Council Member Armendariz – ABAG (Alternate), CalTrain Policy Group, Gilroy
Downtown Business Association Board (alternate), Gourmet Alley Ad Ho c Committee,
Historic Heritage Committee, Santa Clara Co. Library JPA (alternate), Santa Clara
Valley Habitat Agency Implementation Board, Silicon Valley Clean Energy Authority
JPA Board (Alternate), Street Naming Committee, VTA Committee for Transit
Accessibility (Alternate)
Council Member Marques – Gilroy Downtown Business Association Board, Gilroy
Gardens Board of Directors, Gourmet Alley Ad Hoc Committee, Historic Heritage
Committee (Alternate), Santa Clara Valley Habitat Agency Governing Board, Santa
Clara Valley Habitat Agency Implementation Board, South County Regional Wastewater
Authority (Alternate)
Council Member Hilton – Gilroy Economic Development Partnership, Silicon Valley
Clean Energy Authority JPA Board, South County United for Health, Visit Gilroy
California Welcome Center Board
Council Member Tovar – Economic Development Corporation Board, Gourmet Alley
Ad Hoc Committee, Recycling and Waste Reduction Commission, Santa Clara Co.
Expressway Plan 2040 Policy Advisory Board, SCVWD Water Commission (alternate),
South County Joint Recycled Water Advisory Committee, South County Regional
City Council Regular Meeting Agenda
08/15/2022 Page4 Wastewater Authority Board, Street Naming Committee, South County Youth Task
Force Policy Team (alternate), VTA Committee for Transit Accessibility
Council Member Leroe-Muñoz – ABAG, CalTrain Policy Group (alternate), Cities
Association of Santa Clara County Board of Directors, Economic Development
Corporation Board, Gilroy Youth Task Force, SCVWD Water Commission, Silicon
Valley Regional Interoperability Authority Board, South County Youth Task Force Policy
Team, VTA Mobility Partnership, VTA South County City Group (alternate), VTA Policy
Advisory Committee (alternate)
Mayor Blankley – Cities Association of Santa Clara Co. Board of Directors (alternate),
Gilroy Economic Development Partnership, Gilroy Sister Cities Association, Gilroy
Youth Task Force (alternate), Santa Clara Valley Habitat Agency Governing Board,
SCVWD Joint Council-SCRWA-Board Water Resources Committee, South County Joint
Recycled Water Advisory Committee, South County Regional Wastewater Authority
Board, VTA Board of Directors Alternate, VTA Mobility Partnership, VTA Policy Advisory
Committee, VTA South County City Group
5. COUNCIL CORRESPONDENCE
6. FUTURE COUNCIL INITIATED AGENDA ITEMS
7. CONSENT CALENDAR (ROLL CALL VOTE)
All matters listed under the Consent Calendar are considered by the City Council to be routine
and will be enacted by one motion. There will be no separate discussion of these items unless a
request is made by a member of the City Council or a member of the public. Any person desiring
to speak on any item on the consent calendar should ask to have that item removed from the
consent calendar prior to the time the Council votes to approve. If removed, the item will be
discussed in the order in which it appears.
7.1. City Council - Regular Meeting - Aug 1, 2022 6:00 PM
7.2. Acceptance of the City Fiscal Year 2020-21 Federal Single Audit, and
the Amended Annual Comprehensive Financial and Single Audit
Reports for Fiscal Year 2019-20
7.3. Adoption of a Resolution Approving Budget Amendments in Fiscal
Year 2022-23 Adding $244,000 from the Office of the District Attorney
and $172,550 from the Probation Office to the Gang Prevention and
Intervention Fund
7.4. Adoption of a Resolution of the City Council of the City of Gilroy to
Release Unclaimed Checks to the City's General Fund in Accordance
with California Government Code Section 50053 and Section 50055
7.5. Adoption of an Ordinance approving a Planned Unit Development
Zoning Amendment (Z 21-04) for property located on Gurries Drive
(APN: 790-35-038, 039, & 054)
7.6. Adoption of an Ordinance approving 700 W Sixth Street Rezoning
from Professional Office (PO) to Single Family Residential (R1) Zone
7.7. Approval of a Notice of Acceptance of Completion, and Reduction of
the Faithful Performance and Payment Security Bonds for Property
Improvement Agreement No. 2018-03, Montonico – Tract 10345
City Council Regular Meeting Agenda
08/15/2022 Page5 7.8. Approval of the Annual Evaluation Report for the Santa Clara County
Multi-Jurisdictional Program for Public Information Associated with
the Community Rating System of the National Flood Insurance
Program
7.9. Purchase of Five Dodge Durango Police Pursuit Vehicles Via
Alameda County Tag-On Bid Process (Master Contract No. 902035)
8. BIDS AND PROPOSALS
8.1. Award of Contract to CSG Consultants for the Design of the Gourmet
Alley and Railroad Alley Pedestrian and Bicycle Beautification
Improvements Project (No. 22-RFP-PW-478) in the amount of
$343,240 with a Project Contingency of $34,760 (~10%) and Approve
a Project Expenditure of $378,000
1. Staff Report: Daryl Jordan, PE, Public Works Director
2. Public Comment
3. Possible Action:
a) Adopt a resolution of the City Council of the City of Gilroy amending the
budget for the City of Gilroy for Fiscal Year 2022 -2023 and appropriating
proposed expenditure amendments.
b) Award a contract to CSG Consultants in the amount of $343,240 with a
project contingency of $34,760 (approximately 10%) for the design of the
Gourmet Alley and Railroad Alley Pedestrian and Bicycle Beautification
Improvements Project, No. 22-RFP-PW-478 and authorize the City
Administrator to execute the contract and associated documents.
9. PUBLIC HEARINGS
9.1. Adoption of An Urgency Ordinance of the City Council of the City of
Gilroy Adopting a Short-Term Interim Franchise Agreement with
Recology South Valley for Solid Waste Hauling Services and a
Finding that Its Action in Adopting the Ordinance is Exempt From
Review Under the California Environmental Quality Act (“CEQA”)
Pursuant to CEQA Guidelines Section 15061(b)(3) (Common Sense
Exemption) In that the Proposed Ordinance Will Continue an Existing
State-Mandated Program for the Protection of Public Health and the
Environment, and None of the Circumstances in CEQA Guidelines
Section 15300.2 Apply.
City Council Regular Meeting Agenda
08/15/2022 Page6 1. Disclosure of Ex-Parte Communications
2. Staff Report: Bryce Atkins, Senior Management Analyst
3. Open Public Hearing
4. Close Public Hearing
5. Possible Action:
a) Motion to read the ordinance by title only and waive any future reading.
b) Adopt an Urgency Ordinance of the City Council of the City of Gilroy
approving a short-term interim franchise agreement with Recology South
Valley for solid waste hauling services.
9.2. Establishment of Application Fees for Flying a Commemorative Flag
at City Hall
1. Disclosure of Ex-Parte Communications
2. Staff Report: Bryce Atkins, Senior Management Analyst
3. Open Public Hearing
4. Close Public Hearing
5. Possible Action:
Council adopt the resolution to establish an application fee for flying
commemorative flags at City Hall.
10. UNFINISHED BUSINESS
11. INTRODUCTION OF NEW BUSINESS
11.1. Approve a Marketing and Economic Development Agreement with
the Gilroy Chamber of Commerce
1. Staff Report: Jimmy Forbis, City Administrator
2. Public Comment
3. Possible Action:
Approve a Marketing and Economic Development Agreement with the Gilroy
Chamber of Commerce for an Annual Amount Not to Exceed $50,000, Plus a
Percentage of Administrative Grant Funding for the Business Community
Received, and Authorize the City Administrator to Execute the Agreement.
11.2. Rename Gilroy Museum's Research Room After the Late Author and
Museum Volunteer Claudia Salewske
1. Staff Report: Adam Henig, Recreation Manager
2. Public Comment
3. Possible Action:
Motion to approve the Parks and Recreation Commission's recommendation
to rename Gilroy Museum's Research Room to the "Claudia Salewske
Research Room."
City Council Regular Meeting Agenda
08/15/2022 Page7 11.3. Gilroy Zoning Ordinance Update Progress Report
1. Staff Report: Kraig Tambornini, Senior Planner
2. Public Comment
3. Possible Action:
Accept the Zoning Ordinance update progress report.
11.4. Consideration of Formal Council Position On the Proposed Sargent
Ranch Quarry Project in South Santa Clara County
1. Staff Report: Sharon Goei, Community Development Director
2. Public Comment
3. Possible Action:
Council consider adopting a formal position on the p roposed Sargent Ranch
Quarry Project in South Santa Clara County.
12. CITY ADMINISTRATOR'S REPORTS
12.1. Report on the City’s Grant Applications and Awards
13. CITY ATTORNEY'S REPORTS
14. CLOSED SESSION
15. ADJOURNMENT
FUTURE MEETING DATES
AUGUST 2022
29* Joint Special Study Session with Planning Commission - 6:00 p.m.
SEPTEMBER 2022
12* Regular Meeting - 6:00 p.m.
19* Regular Meeting - 6:00 p.m.
OCTOBER 2022
3* Regular Meeting - 6:00 p.m.
17* Regular Meeting - 6:00 p.m.
NOVEMBER 2022
7* Regular Meeting - 6:00 p.m.
21* Regular Meeting - 6:00 p.m.
DECEMBER 2022
5* Regular Meeting - 6:00 p.m.
*Meeting is webstreamed
City Council Regular Meeting Minutes
August 1, 2022
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City of Gilroy
City Council Regular Meeting Minutes
August 1, 2022
1. OPENING
1.1. Call to Order
The meeting was called to order at 6:00 PM by Mayor Marie Blankley.
1. Pledge of Allegiance
Council Member Hilton led the Pledge of Allegiance.
2. Invocation
There was none.
3. City Clerk's Report on Posting the Agenda
City Clerk Pham declared the posting of the agenda.
Attendee Name Title Status
Marie Blankley Mayor Present
Rebeca Armendariz Council Member Present
Dion Bracco Council Member Present
Zach Hilton Council Member Present
Peter Leroe-Muñoz Vice Mayor Present
Carol Marques Council Member Present
Fred Tovar Council Member Present
1.2. Orders of the Day
There were none.
1.3. Employee Introductions
City Administrator Forbis introduced Community Development Director Sharon
Goei.
Police Chief Espinoza introduced Officer Gadge Farris.
City Clerk Pham introduced Deputy City Clerk Christina Ruiz.
2. CEREMONIAL ITEMS
2.1. Proclamations, Awards, and Presentations
There were none.
3. PRESENTATIONS TO THE COUNCIL
3.1. Annual Arts and Culture Commission Presentation
Arts and Culture Vice Chair Perdew provided the presentation to Council.
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2. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE
AGENDA BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY
COUNCIL
The following individuals spoke on items that were not on the agenda:
The following individuals spoke in favor of a youth center in Gilroy:
Hazel Quintero
Xavier Garcia
Isabel Santos
Leanna Rivera
Dela Sandoval
Delia Hernandez
Donny Ramirez
Raymundo Armendariz
Manny Estrada
Gabriela Mendoza
Michelle Nelson requested Council to take a position on the Sargent
Ranch Quarry.
Jane Howard introduced Visit Gilroy President and CEO Ella Petrosova to
Council.
Araceli Vaquera requested Council to address the issues that occur in her
neighborhood.
There being no further speakers, Mayor Blankley closed Public Comment.
4. REPORTS OF COUNCIL MEMBERS
Council Member Bracco had nothing to report.
Council Member Armendáriz had nothing to report.
Council Member Marques reported on Gilroy Garden Board of Directors, Gilroy
Downtown Business Association Boar.
Council Member Hilton reported on Visit Gilroy California Welcome Center
Board.
Council Member Tovar had nothing to report.
Vice Mayor Leroe-Muñoz reported on town hall meeting with Council Member
Tovar, Santa Clara Valley Water District, and Gilroy Youth Task Force.
Mayor Blankley reported on the Gilroy Youth Task Force.
5. COUNCIL CORRESPONDENCE
There were none.
6. FUTURE COUNCIL INITIATED AGENDA ITEMS
There were none requested.
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7. CONSENT CALENDAR (ROLL CALL VOTE)
Mayor Blankley opened Public Comment.
There being no speakers, Mayor Blankley closed Public Comment.
RESULT: APPROVE [UNANIMOUS]
MOVER: Peter Leroe-Muñoz, Vice Mayor
SECONDER: Fred Tovar, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
7.1. City Council - Regular Meeting - Jul 5, 2022 6:00 PM
A motion was made to approve the minutes.
7.2. Approval of a Fourth Amendment to the Agreement with Lynx
Technologies in the Amount of $25,490 for Geographic Information
System (GIS) Support and Maintenance
A motion was made to approve the agreement, authorize City Administrator to
execute the agreement, and add $25,490 to the current contract.
7.3. Emergency Sewer Line Repairs at Old City Hall Restaurant
A motion was made to ratify the emergency procurement and adopt a
resolution.
Enactment No.: Resolution No. 2022-53
7.4. Argument in favor of the Public Projects Bidding, Contracting, and
Notification Charter Amendment Ballot Measure
A motion was made to adopt the resolution.
Enactment No.: Resolution No. 2022-54
8. BIDS AND PROPOSALS
There were none.
9. PUBLIC HEARINGS
9.1. Consideration of the Report of Abatement of Weeds and Refuse Within the
City of Gilroy and Adoption of a Resolution of the City Council of the City of
Gilroy Confirming the Imposition of Assessment Liens Against the Land
Mayor Blankley asked the Council if they have any ex-parte communications to
disclose. There were none disclosed.
Deputy Fire Marshal Crick gave staff presentation and responded to Council
Member questions.
Mayor Blankley opened the Public Hearing at 6:44 PM
There being no comments, Mayor Blankley closed the public hearing at 6:44 PM.
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Possible Action:
It is recommended that Council adopt a resolution allowing the assessment
of fees, minus any qualifying objections, as reported by the Santa Clara
County Weed Abatement Program.
RESULT: APPROVE [UNANIMOUS]
MOVER: Fred Tovar, Council Member
SECONDER: Dion Bracco, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
Enactment No.: Resolution No. 2022-55
9.2. Tentative Map, Planned Unit Development Zoning Amendment, and
Architectural and Site Review Permit for 4-unit Townhome Development on
Gurries Drive
Mayor Blankley asked the Council if they have any ex -parte communications to
disclose. There were none.
Customer Service Manager McCormick gave staff presentation and responded to
Council Member questions.
Mayor Blankley opened the Public Hearing at 6:48 PM
Michael Davis, representative of the Applicant DZ Design Associates, Inc., spoke
about the project.
There being no comments, Mayor Blankley closed the public hearing at 6:49 PM.
Possible Action:
a) Motion to read the ordinance by title only and waive further reading
City Clerk Pham read aloud the title of the ordinance.
RESULT: READ THE ORDINANCE BY TITLE ONLY AND WAIVE
FURTHER READING [UNANIMOUS]
MOVER: Dion Bracco, Council Member
SECONDER: Carol Marques, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz,
Marques, Tovar
b) Introduce an Ordinance of the City Council approving a Planned Unit
Development Zoning Amendment on property currently located on
Gurries Drive, identified as assessor parcel numbers 790 -35-038, 039,
and 054 (file number Z 21-04); and
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RESULT: INTRODUCE AN ORDINANCE
MOVER: Fred Tovar, Council Member
SECONDER: Rebeca Armendariz, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz,
Marques, Tovar
c) Adopt a Resolution approving a Tentative Map to adjust the lot lines
and subdivide three (3) parcels on Gurries Drive (APN: 790 -35-038,
039, & 054) into a total of four (4) parcels (file number TM 21 -03); and
RESULT: APPROVE [UNANIMOUS]
MOVER: Rebeca Armendariz, Council Member
SECONDER: Dion Bracco, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz,
Marques, Tovar
Enactment No: Resolution No. 2022-56
d) Adopt a resolution approving an Architectural and Site Review
Permit to allow construction of four (4) townhomes on the subject
property (file number AS 21-14), following approval of the associated
PUD Zoning Amendment and Tentative Map.
RESULT: APPROVE [UNANIMOUS]
MOVER: Dion Bracco, Council Member
SECONDER: Peter Leroe-Muñoz, Vice Mayor
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz,
Marques, Tovar
Enactment No: Resolution No. 2022-57
9.3. Approval of a Zoning Amendment and Tentative Map for 700 W 6th St.
Residential Subdivision Project
Mayor Blankley asked the Council if they have any ex -parte communications to
disclose. Council Member Armendariz disclosed that she spoke with residents
about the project. Mayor Blankley disclosed she communicated with two
individuals; one via email and one via telephone.
Senior Planner Tamborini gave staff presentation and responded to Council
Member questions.
Mayor Blankley opened the Public Hearing at 7:15 PM.
Applicant Adam Peterson provided a brief presentation to Council.
Marc Ziegler voiced concern about the time of operation of construction
and requested for a lockable gate at the south side Princevalle Street.
Matt Morley requested to add a red curb on Princevalle, add nine
additional laurel trees to the south side of project, and install a lockable
gate.
Christel Morley reiterated Matt's request.
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There being no further comments, Mayor Blankley closed the public hearing at
7:22 PM.
Possible Action:
a) Motion to read the ordinance by title only and waive further reading
(Z22-01).
RESULT: READ THE ORDINANCE BY TITLE ONLY AND WAIVE
FURTHER READING [UNANIMOUS]
MOVER: Rebeca Armendariz, Council Member
SECONDER: Fred Tovar, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
City Clerk Pham read aloud the title of the ordinance.
b) Introduce an Ordinance of the City Council approving Zoning
Amendment application Z 22-01 to redesignate a 3.7 acre site from
Professional Office (PO) Zone to Single Family (R1) Zone, consistent
with the 2040 General Plan.
RESULT: INTRODUCE AN ORDINANCE [UNANIMOUS]
MOVER: Rebeca Armendariz, Council Member
SECONDER: Fred Tovar, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
c) Adopt a Resolution approving Tentative Map application TM 22-01 to
subdivide the property into 19 single family residential lots with a
gate with a secure access code controlling access from Princevalle
Street to the proposed pedestrian walkway along the south side of
the project, add up to additional nine trees placed along south
project boundary in order to provide additional privacy for the
neighboring properties on Georgetown place, and direct staff to
evaluate a red curb.
RESULT: APPROVE AS AMENDED [UNANIMOUS]
MOVER: Dion Bracco, Council Member
SECONDER: Fred Tovar, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
Enactment No.: Resolution No. 2022-58
10. UNFINISHED BUSINESS
There were none.
11. INTRODUCTION OF NEW BUSINESS
11.1. Selection of Designated Voting Delegate and Alternate Voting Delegates
for the League of California Cities 2022 Annual Conference
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City Clerk Pham gave a brief presentation and responded to Council Member
questions.
Mayor Blankley opened Public Comment.
There being no comments, Mayor Blankley closed Public Comment.
A motion was made by Council Member Leroe -Munoz, seconded by Council
Member Bracco, to designate Council Member Tovar as the delegate voter and
Mayor Blankley as the alternate voter at the League of California Cities Annual
Conference.
RESULT: APPROVE [6 TO 0]
MOVER: Peter Leroe-Muñoz, Vice Mayor
SECONDER: Dion Bracco, Council Member
AYES: Blankley, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar
AWAY: Rebeca Armendariz
11.2. Clarification and Potential Amendment to Attendance Policy for City
Boards, Commissions and Committees
City Clerk Pham gave staff presentation and responded to Council Member
questions.
Mayor Blankley opened Public Comment.
There being no comments, Mayor Blankley closed Public Comment.
Possible Action:
Council Discuss Issues Related to Current Attendance Policy for City
Boards, Commissions, and Committees and Consider Adoption of a
Resolution to Amend Policy
RESULT: APPROVE [6 TO 1]
MOVER: Peter Leroe-Muñoz, Vice Mayor
SECONDER: Fred Tovar, Council Member
AYES: Blankley, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar
NAYS: Rebeca Armendariz
Enactment No.: Resolution No. 2022-59
11.3. Consideration of a Council Correspondence Policy for Council Agendas
City Administrator Forbis gave staff presentation and responded to Council
Member questions.
Mayor Blankley opened Public Comment.
There being no comments, Mayor Blankley closed Public Comment.
7.1
Packet Pg. 14 Minutes Acceptance: Minutes of Aug 1, 2022 6:00 PM (CONSENT CALENDAR (ROLL CALL VOTE))
City Council Regular Meeting Minutes
August 1, 2022
Page 8 of 11
City Council Regular Meeting Minutes
08/1/2022
Possible Action:
Council to approve a Council Correspondence Policy and authorize the
City Administrator to implement the policy in future City Council
meeting agendas.
RESULT: APPROVE [UNANIMOUS]
MOVER: Fred Tovar, Council Member
SECONDER: Rebeca Armendariz, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz,
Marques, Tovar
11.4. Council Discussion and Direction Regarding Potential 2022 Reach
Codes
Building Official Olmos gave staff presentation and responded to Council
Member questions.
Mayor Blankley opened Public Comment.
Enrique Navarro-Donnellan, Santa Clara County Association of
REALTORS, endorsed staff’s recommendation of option A.
Anthony Eulo, Silicon Valley Clean Energy, requested Council to adopt
all electric code and provided further clarification on electric vs. gas
savings.
James Pullo, resident of Gilroy, voiced disappointment that he was not
able to obtain solar panels at his house due to current codes.
There being no further comments, Mayor Blankley closed Public Comment.
A motion was made by Mayor Blankley, seconded by Council Member
Bracco, to direct staff to return to a future City Council meeting for
formal adoption of final reach code language as recommended by staff
and incorporate such language into the adoption of the 2022 California
Green Building Code Update.
A substitute motion was made by Council Member Hilton, seconded by
Council Member Armendariz, to adopt option #2 (all electric
construction) and staff’s recommendation for EV charging and bicycle.
The substitute motion failed by the following vote:
RESULT: FAILED [3 TO 4]
MOVER: Zach Hilton, Council Member
SECONDER: Rebeca Armendariz, Council Member
AYES: Rebeca Armendariz, Zach Hilton, Peter Leroe-Muñoz
NAYS: Marie Blankley, Dion Bracco, Carol Marques, Fred Tovar
The original motion by Mayor Blankley was then voted upon and was
carried by the following vote:
7.1
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City Council Regular Meeting Minutes
August 1, 2022
Page 9 of 11
City Council Regular Meeting Minutes
08/1/2022
RESULT: APPROVE [5 TO 2]
MOVER: Marie Blankley, Mayor
SECONDER: Dion Bracco, Council Member
AYES: Blankley, Bracco, Leroe-Muñoz, Marques, Tovar
NAYS: Rebeca Armendariz, Zach Hilton
11.5. Approval of Gilroy Management Association Memorandum of
Understanding and Adoption of a Resolution Approving Associated
Salary Schedules for the Period of July 1, 2022 Through June 30, 2025
HR Director McPhillips gave staff presentation and responded to Council
Member questions responded to Council member questions.
Mayor Blankley opened Public Comment.
There being no further comments, Mayor Blankley closed public comment.
Possible Action:
a) Adopt a resolution of the City Council of the City of Gilroy amending
the budget for FY 23 to implement the terms of the Gilroy
Management Association Memorandum of Understanding for FY 23
and authorizing the inclusion of appropriate funds in the future FY 24
and FY 25 budgets for salary and benefit expenditures related to the
implementation of the MOU.
RESULT: APPROVE [UNANIMOUS]
MOVER: Peter Leroe-Muñoz, Vice Mayor
SECONDER: Fred Tovar, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz,
Marques, Tovar
Enactment No.: Resolution No. 2022-60
b) Approve a Memorandum of Understanding between the City and
Gilroy Management Association for the period July 1, 2022 - June 30,
2025.
RESULT: APPROVE [UNANIMOUS]
MOVER: Fred Tovar, Council Member
SECONDER: Rebeca Armendariz, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz,
Marques, Tovar
c) Adopt a Resolution of the City Council of the City of Gilroy approving
the July 1, 2022, July 1, 2023 and July 1, 2024 salary schedules
associated with the Gilroy Management Association Memorandum of
Understanding.
7.1
Packet Pg. 16 Minutes Acceptance: Minutes of Aug 1, 2022 6:00 PM (CONSENT CALENDAR (ROLL CALL VOTE))
City Council Regular Meeting Minutes
August 1, 2022
Page 10 of 11
City Council Regular Meeting Minutes
08/1/2022
Possible Action:
RESULT: APPROVE [UNANIMOUS]
MOVER: Carol Marques, Council Member
SECONDER: Rebeca Armendariz, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz,
Marques, Tovar
Enactment No.: Resolution No. 2022-61
11.6. Approval of July 1, 2022, July 1, 2023, and July 1, 2024 Salary Schedules
for Full-Time/ Unrepresented/Confidential/Exempt Employees, Part-
Time/Temporary/Unrepresented/Exempt Employees, and Full-
Time/Unrepresented/Exempt/At-Will/Department Head Employees
HR Director McPhillips and City Administrator Forbis gave staff presentation
and responded to Council Member questions responded to Council member
questions.
Mayor Blankley opened Public Comment.
There being no further comments, Mayor Blankley closed public comment.
Possible Action:
a) Adopt a resolution of the City Council of the City of Gilroy amending
the budget for FY 23 to implement the terms of the salary resolutions
for the Full-Time/Unrepresented/Confidential/Exempt/Mid-Management
Employees, Part-Time/Temporary/Unrepresented/Temporary/Exempt
Employees, and Full-Time/Unrepresented/Exempt/At-Will/Department
Head Employees for FY 23 and authorizing the inclusion of appropriate
funds in the future FY 24 and FY 25 budgets for salary and benefit
expenditures related to the implementation of the salary resolutions.
RESULT: APPROVE [UNANIMOUS]
MOVER: Peter Leroe-Muñoz, Vice Mayor
SECONDER: Carol Marques, Council Member
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz,
Marques, Tovar
Enactment No.: Resolution No. 2022-62
x b) Adopt a Resolution of the City Council of the City of Gilroy approving the
July 1, 2022, July 1, 2023 and July 1, 2024 salary schedules for
Unrepresented Exempt Mid-Management Employees, Unrepresented
Exempt Part-Time/Temporary Employees, and Unrepresented
Department Heads.
7.1
Packet Pg. 17 Minutes Acceptance: Minutes of Aug 1, 2022 6:00 PM (CONSENT CALENDAR (ROLL CALL VOTE))
City Council Regular Meeting Minutes
August 1, 2022
Page 11 of 11
City Council Regular Meeting Minutes
08/1/2022
RESULT: APPROVE [UNANIMOUS]
MOVER: Carol Marques, Council Member
SECONDER: Peter Leroe-Muñoz, Vice Mayor
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz,
Marques, Tovar
Enactment No.: Resolution No. 2022-63
12. CITY ADMINISTRATOR'S REPORTS
12.1. International City Management Association Economic Development
Video
City Administrator Forbis provided a brief report and responded to Council Member
questions.
13. CITY ATTORNEY'S REPORTS
There were none.
14. CLOSED SESSION
Mayor Blankley opened Public Comment.
There being no further speakers, Mayor Blankley closed Public Comment.
Mayor Blankley adjourned Regular Meeting to Closed Session at 9:05 p.m.
The City Council convened in Closed Session at 9:08 p.m.
The Council voted to stay in closed session was unanimous.
14.1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to
Government Code Section 54957 and Gilroy City Code Section 17A.11
(2);
Employee Name/Title: Andy Faber, City Attorney
No reportable action.
15. ADJOURN TO OPEN SESSION
Mayor Blankley reported out of Closed Session as shown above.
16. ADJOURNMENT
The meeting was adjourned at 9:20 PM by Mayor Blankley.
I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at
a regular meeting of the City Council of the City of Gilroy.
/s/ Thai Pham, CMC, CPMC
City Clerk
7.1
Packet Pg. 18 Minutes Acceptance: Minutes of Aug 1, 2022 6:00 PM (CONSENT CALENDAR (ROLL CALL VOTE))
City of Gilroy
STAFF REPORT
Agenda Item Title: Approval of the Annual Evaluation Report for the Santa
Clara County Multi-Jurisdictional Program for Public
Information Associated with the Community Rating System
of the National Flood Insurance Program
Meeting Date: August 15, 2022
From: Jimmy Forbis, City Administrator
Department: Public Works Department
Submitted By: Daryl Jordan, PE, Public Works Director
Prepared By: Daryl Jordan, PE, Public Works Director
Strategic Plan Goals
☐ Develop a Financially
Resilient Organization
☐ Ensure Neighborhood
Equity from City
Services
☐ Promote Economic
Development
Activities
☐ Promote Safe,
Affordable Housing for All
☐ Maintain and Improve
City Infrastructure
RECOMMENDATION
Approve the implementation of the 5-year plan for the Santa Clara County Multi-
Jurisdictional Program for Public Information (PPI) Associated with the Community
Rating System (CRS) of the National Flood Insurance Program. (Roll Call Vote)
EXECUTIVE SUMMARY
The Santa Clara Valley Water District (Valley Water) and the ten (10) Santa Clara
County communities (Cupertino, Gilroy, Los Altos, Milpitas, Morgan Hill, Mountain View,
Palo Alto, San Jose, Santa Clara, and Sunnyvale) that participate in the Community
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Rating System (CRS) Program of the Federal Emergency Management Agency’s
(FEMA) National Flood Insurance Program worked together to develop this Multi -
Jurisdictional Program for Public Information (PPI).
Developing a Multi-Jurisdictional PPI in the County was a way to earn significant CRS
credits which may translate into greater discounts on flood insurance premiums for the
community. The PPI also rewards participating communities for developing messages
that are tailored to local needs. The PPI was developed jointly, and it must be
individually approved by each community’s elected body for that community to receive
CRS credits for its implementation.
POLICY DISCUSSION
This proposal supports the City’s participation in both the CRS Program and National
Flood Insurance Program (NFIP) with the goal of reducing flood damage s to the
community.
BACKGROUND
The City has been a participating community in the CRS Program of FEMA’s National
Flood Insurance Program (NFIP) since May 1, 2007. CRS is a voluntary program that
allows communities to earn flood insurance premium discounts for their residents and
businesses. Communities earn CRS credits for activities that promote good flood risk
reduction practices and that encourage purchase of flood insurance. These credits
translate to flood insurance premium discounts for policy holders within the community.
Currently, the City has a CRS class rating of 8 which provides 10% flood insurance
discounts for properties located within the special flood hazard area or 100 -year
floodplain and 5% discount for non-floodplain properties. The total number of flood
insurance policies in force within the City are 123 for 100-year floodplain properties and
17 for non-floodplain properties. The estimated discount per flood insurance policy is
$174 for 100-year floodplain properties and $95 for non-floodplain properties. This
results in $23,017 of total annual savings to policy holders within the City.
ANALYSIS
The CRS Program provides credits for designing and carrying out public outreach
projects. CRS credits for individual outreach projects can be increased if a community
has a Program for Public Information (PPI). The PPI can help design an entire public
information program, not just outreach projects.
The City joined the Santa Clara Valley Water District (Valley Water) and other agencies
in 2013 to develop a Multi-Jurisdictional PPI. The PPI committee was comprised of
both staff and non-governmental representatives who brought different perspectives
and suggestions for a better outreach plan. For Gilroy, Public Works staff and a
stakeholder representative, Ms. Merna Leal as a Gilroy Resident and past District CRS
program manager, are the committee members.
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In February 2020, Valley Water hosted the start of the 5 -year PPI process, in which
fifteen (15) communities worked together to review and update the 2015 PPI. These
communities included the current eleven (11) participating CRS communities (the Cities
of Cupertino, Gilroy, Los Altos, Milpitas, Morgan Hill, Mountain View, Palo Alto, San
Jose, Santa Clara, Sunnyvale, and Valley Water) and four (4) communities that were
interested in applying to become a CRS community (the Town of Los Gatos , the Town
of Los Altos Hills, the City of Saratoga, and the County of Santa Clara). Staff
and external stakeholders from each of the communities participated in the drafting of
the document. Due to the COVID-19 pandemic, many communities had to shift priorities
to respond to the public health crisis; therefore, FEMA provided an extension of
completing of the PPI to early 2021. Valley Water reconvened the participating
communities and stakeholders in October 2020 to begin developing the new 5 -year PPI
for Santa Clara County.
The attached PPI was reviewed by FEMA to ensure its provisions fully comply with
FEMA requirements. FEMA has informed the participating agencies that this is one of
the first multi-jurisdictional PPIs to be completed and it involves the largest number of
participating communities to date.
As required by the terms of the PPI, the PPI committee must re-convene annually to
evaluate whether the flood risk reduction messages are still appropriate and adjust the
PPI as needed. A report to FEMA must be submitted annually describing the PPI
implementation. Every five years, the elected bodies of all participating communities
must re-approve the PPI in order to continue receiving CRS credit. Attached is a copy
of the 5-Year Plan PPI that was submitted to FEMA.
Approval of this Multi-Jurisdictional PPI by the City Council will allow the City to receive
increased CRS credits which translates to greater discounts on flood insurance
premiums for the community.
ALTERNATIVES
Council may choose to not adopt the Multi-Jurisdictional PPI. This would require staff to
develop separate outreach projects and/or develop a public information program for the
City or implement other CRS activities to increase the City’s CRS credits.
FISCAL IMPACT/ FUNDING SOURCE
The expense for creating this PPI was included in the Santa Clara Valley Water
District’s adopted budget; therefore, there are no City fiscal impacts from approval of
this PPI. The PPI projects will be included within the current budget for the Floodplain
Management Program activities. There are no expected additional costs in staff’s
continued participation in the PPI process.
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CONCLUSION
This Multi-Jurisdictional PPI will allow the City to earn additional CRS credits to increase
the flood insurance policy discounts for the citizens of Gilroy and will be an additional
tool the City can use to reduce flood risks. The City’s participation in this on-going PPI
process also allows the City to maintain good partnerships with other CRS communities
of Santa Clara County, the County of Santa Clara, and the Santa Clara Valley Water
District, and provides opportunities to leverage resources and to share best practices.
NEXT STEPS
Staff will continue to participate in the PPI committee which will re-convene annually to
evaluate the PPI and to make appropriate adjustments as needed. At the City’s next
CRS Verification visit, on August 9, 2022, staff will submit a copy of the PPI to receive
CRS credit.
PUBLIC OUTREACH
A copy of the 5-Year PPI will be posted in the Public Works’ Flood Management
webpage.
Attachments:
1. Santa Clara County PPI Annual Evaluation Report for FY22
7.2
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City of Gilroy
Gilroy, California
Single Audit
and Independent Auditors Reports
For the Year Ended June 30, 2021
7.2.a
Packet Pg. 23 Attachment: FY21 Single Audit Final (3699 : Acceptance of FY21 Federal Single Audit)
7.2.a
Packet Pg. 24 Attachment: FY21 Single Audit Final (3699 : Acceptance of FY21 Federal Single Audit)
City of Gilroy
Single Audit Report
For the Year Ended June 30, 2021
Table of Contents
Page
Independent Auditors Reports:
Report on Internal Control Over Financial Reporting and on Compliance and
Other Matters Based on an Audit of Financial Statements
Performed in Accordance with Government Auditing Standards ................................................................ 1
Report on Compliance for Each Major Federal Program; Report on Internal
Control Over Compliance, and Report on the Schedule of Expenditures of
Federal Awards Required by the Uniform Guidance .............................................................................. 3
Schedule of Expenditures of Federal Awards ............................................................................................................ 7
Notes to the Schedule of Expenditures of Federal Awards ........................................................................................ 8
Schedule of Findings and Questioned Costs .............................................................................................................. 9
7.2.a
Packet Pg. 25 Attachment: FY21 Single Audit Final (3699 : Acceptance of FY21 Federal Single Audit)
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7.2.a
Packet Pg. 26 Attachment: FY21 Single Audit Final (3699 : Acceptance of FY21 Federal Single Audit)
REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND
OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN
ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS
Independent Auditors Report
To the Honorable Mayor and Members of City Council
of the City of Gilroy
Gilroy, California
We have audited, in accordance with the auditing standards generally accepted in the United States of America and the
standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller
General of the United States, the financial statements of the governmental activities, the business-type activities, the
discretely presented component unit, each major fund, and the aggregate remaining fund information of the City of
Gilroy, California (the City), as of and for the year ended June 30, 2021, and the related notes to the basic financial
statements, which collectively comprise the Citys basic financial statements, and have issued our report thereon dated
January 4, 2022.
Internal Control Over Financial Reporting
In planning and performing our audit of the financial statements, we considered the Citys internal control over
financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the
circumstances for the purpose of expressing our opinions on the basic financial statements, but not for the purpose of
expressing an opinion on the effectiveness of the Citys internal control. Accordingly, we do not express an opinion on
the effectiveness of the Citys internal control.
A deficiency in internal control exists when the design or operation of a control does not allow management or
employees, in the normal course of performing their assigned functions, to prevent, or detect and correct,
misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal
control such that there is a reasonable possibility that a material misstatement of the Citys basic financial statements
will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a
combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to
merit attention by those charged with governance.
Our consideration of internal control was for the limited purpose described in the first paragraph of this section and
was not designed to identify all deficiencies in internal control that might be material weaknesses or significant
deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we
consider to be material weaknesses. However, material weaknesses may exist that were not identified.
Compliance and Other Matters
As part of obtaining reasonable assurance about whether the City's basic financial statements are free of material
misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts and grant
agreements, noncompliance with which could have a direct and material effect on the financial statements. However,
providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly we do not
express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are
require to be reported under Government Auditing Standards.
7.2.a
Packet Pg. 27 Attachment: FY21 Single Audit Final (3699 : Acceptance of FY21 Federal Single Audit)
To the Honorable Mayor and Members of City Council
of the City of Gilroy
Gilroy, California
Page 2
2
Purpose of this Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the
results of that testing, and not to provide an opinion on the effectiveness of the Citys internal control or on
compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in
considering the Citys internal control and compliance. Accordingly, this communication is not suitable for any other
purpose.
Santa Ana, California
January 4, 2022
7.2.a
Packet Pg. 28 Attachment: FY21 Single Audit Final (3699 : Acceptance of FY21 Federal Single Audit)
REPORT ON COMPLIANCE FOR EACH MAJOR FEDERAL PROGRAM; REPORT ON INTERNAL
CONTROL OVER COMPLIANCE, AND REPORT ON THE SCHEDULE OF EXPENDITURES OF
FEDERAL AWARDS REQUIRED BY THE UNIFORM GUIDANCE
Independent Auditors Report
To the Honorable Mayor and Members of City Council
of the City of Gilroy
Gilroy, California
Report on Compliance for Each Major Federal Program
We have audited the City of Gilroy, Californias (the City) compliance with the types of compliance requirements
described in the OMB Compliance Supplement that could have a direct and material effect on each of the Citys major
federal programs for the year ended June 30, 2021. The Citys major federal programs are identified in the summary of
auditors results section of the accompanying Schedule of Findings and Questioned Costs.
Managements Responsibility
Management is responsible for compliance with federal statutes, regulations, and the terms and condition of its federal
awards applicable to its federal programs.
Auditors Responsibility
Our responsibility is to express an opinion on compliance for each of the Citys major federal programs based on our
audit of the types of compliance requirements referred to above. We conducted our audit of compliance in accordance
with auditing standards generally accepted in the United States of America; the standards applicable to financial audits
contained in Government Auditing Standards, issued by the Comptroller General of the United States; the audit
requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost
Principles, and Audit Requirement for Federal Awards (the Uniform Guidance). Those standards and the Uniform
Guidance require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with
the types of compliance requirements referred to above that could have a direct and material effect on a major federal
program occurred. An audit includes examining, on a test basis, evidence about the Citys compliance with those
requirements and performing such other procedures as we considered necessary in the circumstances.
We believe that our audit provides a reasonable basis for our opinion on compliance for each major federal program.
However, our audit does not provide a legal determination of the Citys compliance.
7.2.a
Packet Pg. 29 Attachment: FY21 Single Audit Final (3699 : Acceptance of FY21 Federal Single Audit)
To the Honorable Mayor and Members of City Council
of the City of Gilroy
Gilroy, California
Page 2
4
Opinion on Each Major Federal Program
In our opinion, the City complied, in all material respects, with the types of compliance requirements referred to above
that could have a direct and material effect on each of its major federal programs for the year ended June 30, 2021.
Report on Internal Control Over Compliance
Management of the City is responsible for establishing and maintaining effective internal control over compliance with
the types of compliance requirements referred to above. In planning and performing our audit of compliance, we
considered the Citys internal control over compliance with the types of requirements that could have a direct and
material effect on each major federal program to determine the auditing procedures that are appropriate in the
circumstances for the purpose of expressing an opinion on compliance for each major federal program and to test and
report on internal control over compliance in accordance with Uniform Guidance, but not for the purpose of expressing
an opinion on the effectiveness of internal control over compliance. Accordingly, we do not express an opinion on the
effectiveness of the Citys internal control over compliance.
A deficiency in internal control over compliance exists when the design or operation of a control over compliance does
not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect
and correct, noncompliance with a type of compliance requirement of a federal program on a timely basis. A material
weakness in internal control over compliance is a deficiency, or combination of deficiencies, in internal control over
compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance
requirement of a federal program will not be prevented, or detected and corrected, on a timely basis. A significant
deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over
compliance with a type of compliance requirement of a federal program that is less severe than a material weakness in
internal control over compliance, yet important enough to merit attention by those charged with governance.
Our consideration of internal control over compliance was for the limited purpose described in the first paragraph of
this section and was not designed to identify all deficiencies in internal control over compliance that might be material
weaknesses or significant deficiencies. We did not identify any deficiencies in internal control over compliance that we
consider to be material weaknesses. However, material weaknesses may exist that have not been identified.
The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal
control over compliance and the results of that testing based on the requirements of the Uniform Guidance.
Accordingly, this report is not suitable for any other purpose.
7.2.a
Packet Pg. 30 Attachment: FY21 Single Audit Final (3699 : Acceptance of FY21 Federal Single Audit)
To the Honorable Mayor and Members of City Council
of the City of Gilroy
Gilroy, California
Page 3
5
Report on the Schedule of Expenditures of Federal Awards Required by Uniform Guidance
We have audited the financial statements of the governmental activities, the business-type activities, the discretely
presented component unit, each major fund, and the aggregate remaining fund information of the City, as of and for the
year ended June 30, 2021, and the related notes to the basic financial statements, which collectively comprise the
Citys basic financial statements. We issued our report thereon dated January 4, 2022 which contained unmodified
opinions on those financial statements. Our audit was conducted for the purpose of forming our opinions on the
financial statements that collectively comprise the Citys basic financial statements. The accompanying Schedule of
Expenditures of Federal Awards is presented for purposes of additional analysis as required by Uniform Guidance and
is not a required part of the basic financial statements. Such information is the responsibility of management and was
derived from and relates directly to the underlying accounting and other records used to prepare the basic financial
statements. The information has been subjected to the auditing procedures applied in the audit of the financial
statements and certain other procedures, including comparing and reconciling such information directly to the
underlying accounting and other records used to prepare the basic financial statements or to the basic financial
statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the
United States of America. In our opinion, the Schedule of Expenditure of Federal Awards is fairly stated in all material
respects in relation to the basic financial statements as a whole.
Santa Ana, California
July 25, 2022, except for the Schedule of Expenditures of Federal Awards, which is as of January 4, 2022.
7.2.a
Packet Pg. 31 Attachment: FY21 Single Audit Final (3699 : Acceptance of FY21 Federal Single Audit)
6
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7.2.a
Packet Pg. 32 Attachment: FY21 Single Audit Final (3699 : Acceptance of FY21 Federal Single Audit)
City of Gilroy
Schedule of Expenditures of Federal Awards
For the Year Ended June 30, 2021
See accompanying Notes to the Schedule of Expenditures of Federal Awards.
7
Assistance Amount
Federal Grantor/Pass-Through Grantor Listing Grant Award Federal Provided to
Program Title Number Number Expenditures Subrecipients
U.S. Department of Housing and Urban Development
Direct Program:
CDBG - Entitlement Grants Cluster:
Community Development block Grants/Entitlement Grants 14.218 B-20-MC-06-0048 552,161$ 156,354$
Community Development block Grants/Entitlement Grants 14.218 B-20-MW-06-0048 583,957 -
Total U.S. Department of Housing and Urban Development 1,136,118 156,354
U.S. Department of Justice
Direct Program:
Bulletproof Vest Partnership Program 16.607 N/A 1,275 -
Total U.S. Department of Justice 1,275 -
U.S. Department of Transportation
Passed through the State of California Office of Traffic and Safety
Highway Safety Cluster
Selective Traffic Enforcement Program 20.600/20.608 PT20053 21,439 -
Selective Traffic Enforcement Program 20.600/20.608 PT21160 68,030 -
Total Selective Traffic Enforcement Program 89,469 -
Passed through the State of California Department of Transportation
Highway Planning and Construction Cluster:
Monterey Rd. Rehab 20.205 STPL-5034 (027) 76,712 -
HBRR 20.205 CML-5034(023) 139,911 -
Total Highway Planning and Construction Cluster 216,623 -
Total U.S. Department of Transportation 306,092 -
U.S. Department of Treasury
Direct Program:
Coronavirus Relief Fund 21.019 N/A 704,824 -
Total U.S. Department of Treasury 704,824 -
Total Expenditures of Federal Awards 2,148,309$ 156,354$
7.2.a
Packet Pg. 33 Attachment: FY21 Single Audit Final (3699 : Acceptance of FY21 Federal Single Audit)
City of Gilroy
Notes to the Schedule of Expenditures of Federal Awards
For the Year Ended June 30, 2021
8
Note 1 Reporting Entity
The financial reporting entity consists of the primary government, City of Gilroy (the City), organizations for which
the primary government is financially accountable, and other organizations for which the nature and significance of
their relationship with the primary government are such that exclusion would cause the reporting entitys financial
statements to be misleading or incomplete. The City consists of the primary government, including the Gilroy Public
Facilities Financing Authority, a blended component unit as defined in Note 1.A to the basic financial statements.
Note 2 Basis of Accounting
Funds received under the various grant programs have been recorded within the special revenue and capital projects
funds of the City. The City utilizes the modified accrual basis of accounting for the special revenue and capital projects
funds. The accompanying Schedule of Expenditures of Federal Awards (the Schedule) is presented in accordance
with the requirements of Title 2 U.S. Code of Federal Regulations (CFR) Part 2, Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards (the Uniform Guidance). Therefore,
some amounts presented in the Schedule may differ from amounts presented in, or used in, the preparation of Citys
basic financial statements.
Note 3 Schedule of Expenditures of Federal Awards
The accompanying Schedule presents the activity of all federal financial assistance programs of the City. Federal
financial assistance received directly from federal agencies, as well as federal financial assistance passed through the
State of California, is included in the Schedule. The Schedule was prepared only from the accounts of various grant
programs and, therefore, does not present the financial position or results of operations of the City.
Note 4 Indirect Cost Rate
The City has not elected to use the 10-percent de minimis indirect rate as allowed under Uniform Guidance.
Note 5 - Subrecipients
During the year ended June 30, 2021, the City provided federal funds to the following subrecipients:
Assistance Amount
Listing Provided to
Number(s) Program Name / Subrecipient Names Subrecipients
14.218 Community Development Block Grants / Entitlement Grants
Rebuilding Together Silicon Valley 131,236$
Live Oak Adult Day Services 11,549
Gilroy Compassion Center 13,569
Total Community Development Block Grants / Entitlement Grants 156,354
Total Amount Provided to Subrecipients 156,354$
7.2.a
Packet Pg. 34 Attachment: FY21 Single Audit Final (3699 : Acceptance of FY21 Federal Single Audit)
City of Gilroy
Schedule of Findings and Questioned Costs
For the Year Ended June 30, 2021
9
Section I Summary of Auditors Results
Financial Statements
Types of report the auditors issued on whether the financial statements
audited were prepared in accordance with GAAP: Unmodified
Internal control over financial reporting:
Material weakness(es) identified? No
Significant deficiency(ies) identified? None noted
Noncompliance material to financial statements noted? No
Federal Awards
Internal control over major federal programs:
Material weakness(es) identified? No
Significant deficiency(ies) identified? None noted
Type of auditors report issued on compliance for major federal programs: Unmodified
Any audit findings disclosed that are required to be reported in
accordance with 2 CFR 200.516(a)? No
Identification of major federal programs:
Assistance
Listing
Number(s) Name of Federal Program or Cluster Expenditures
14.218 Community Development block Grants/Entitlement Grants 1,136,118$
21.019 Coronavirus Relief Fund 704,824
Total Expenditures of All Major Federal Programs 1,136,118$
Total Expenditures of Federal Awards 2,148,309$
Percentage of Total Expenditures of Federal Awards 52.88%
Dollar threshold used to distinguish between type A and type B programs: $750,000
Auditee qualified as low-risk auditee under 2 CFR 500.520? Yes
7.2.a
Packet Pg. 35 Attachment: FY21 Single Audit Final (3699 : Acceptance of FY21 Federal Single Audit)
City of Gilroy
Schedule of Findings and Questioned Costs (Continued)
For the Year Ended June 30, 2021
10
Section II Financial Statements Findings
A. Current Year Findings Financial Statement Findings
No current year financial statement findings were noted.
B. Prior Year Findings Financial Statement Findings
Finding 2020-001 Internal Control Over Financial Reporting/Accounting Close and Accuracy in Financial
Reporting
Criteria:
Management is responsible for the preparation and fair presentation of financial statements in accordance with U.S.
generally accepted accounting principles. Management is also responsible for designing, implementing, and
maintaining appropriate internal control over financial reporting and compliance. Effective internal control over
financial reporting provides reasonable assurance for the completeness and accuracy of accounting records, proper
year-end closing, and accurate financial reporting. Internal control is defined as a process implemented and monitored
by the City Council, management, and other personnel that provides reasonable assurance that the objectives of the
City will be achieved. Internal control is not one event, but a series of events that occur throughout an entitys
operations. The Citys internal control system should be designed to provide reasonable assurance regarding the
achievement of the following objectives:
Reliability of financial reporting for internal and external use;
Effectiveness and efficiency of operations; and
Compliance with applicable laws and regulations.
Condition:
Significant errors were found requiring adjustment to the Citys issued Comprehensive Annual Financial Report for
fiscal year ended June 30, 2020 and restatement of the June 30, 2019 net position as previously reported in its audited
financial statements. These errors included the omission of the discretely presented component unit, a material
component unit to the primary government, from the Government-wide reporting Statement of Net Position and
Statement of Activities, and audit entries made to correct prior reporting of the Citys Investment in the DCU, to
correct allocations of the net pension and OPEB liabilities, and other asset balances which were understated.
Cause:
During the audit, the City experienced the following impacts to the Finance Departments operations which we believe
significantly impacted its financial close and reporting processes:
There was turnover of key employees in the Finance Department causing delays in the Citys closing process
and audit.
The global COVID-19 pandemic caused the closure of City Hall, which impacted and/or reduced staff hours
for both the City and the firm.
A new ERP system was still implemented requiring additional training which impacted employee availability.
Existing staff workload increased due to start up activities with a new audit firm.
The City had previously been charging the costs of pension and OPEB liabilities solely to governmental
activities, which required additional staff time for analysis to correct the allocation accounting.
Even with efforts to address the above issues, there was continued pressure on City staff to meet its deadline and
submission for the GFOA certification, which was met.
7.2.a
Packet Pg. 36 Attachment: FY21 Single Audit Final (3699 : Acceptance of FY21 Federal Single Audit)
City of Stockton
Schedule of Findings and Questioned Costs (Continued)
For the Year Ended June 30, 2021
11
Section II Financial Statements Findings (Continued)
B. Prior Year Findings Financial Statement Findings (Continued)
Finding 2020-001 Internal Control Over Financial Reporting/Accounting Close and Accuracy in Financial
Reporting (Continued)
Effect:
Delays in processing transactions timely and closing accounting periods coupled with undue pressure to meet
deadlines, can create an environment where accounting errors are not prevented or detected timely. In addition,
turnover can cause errors to occur and go undetected without a formal internal control hierarchy in place for review
and approval of published financial data. When errors occur and go undetected it can create further delays in the
release of audited financial statements.
Recommendation:
We recommend the City establish effective internal control procedures designed to reduce the risk of accounting errors
through adequate review and supervision. These should include timely review and approval by management of account
reconciliations, sub-ledger transactions, existence/occurrence, completeness, rights or obligations, valuation or
allocation, accuracy or classification, and cut-off of accounts at the fund and overall government-wide level. We also
recommended the City establish a systemic review process over both internal and external financial reporting.
View of Responsible Officials:
The City concurs with the finding.
Status:
Finding has been implemented.
7.2.a
Packet Pg. 37 Attachment: FY21 Single Audit Final (3699 : Acceptance of FY21 Federal Single Audit)
City of Gilroy
Schedule of Findings and Questioned Costs (Continued)
For the Year Ended June 30, 2021
12
Section III Federal Awards Finding and Questioned Costs
A. Current Year Findings and Questioned Costs Major Federal Award Program Audit
No findings or questioned costs were noted on the Citys major federal programs for the year ended June 30, 2021.
B. Prior Year Findings and Questioned Costs Major Federal Award Program Audit
No findings or questioned costs were noted on the Citys major federal programs for the year ended June 30, 2020.
7.2.a
Packet Pg. 38 Attachment: FY21 Single Audit Final (3699 : Acceptance of FY21 Federal Single Audit)
City of Gilroy
California
Year Ended June 30, 2020
Comprehensive Annual
Financial Report
7.2.b
Packet Pg. 39 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
7.2.b
Packet Pg. 40 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
Comprehensive Annual Financial Report
Fiscal Year Ended June 30, 2020
Prepared By
Finance Department
7.2.b
Packet Pg. 41 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
7.2.b
Packet Pg. 42 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
INTRODUCTORY
SECTION
7.2.b
Packet Pg. 43 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
7.2.b
Packet Pg. 44 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
City of Gilroy
Comprehensive Annual Financial Report
For the Year Ended June 30, 2020
Table of Contents
Page
INTRODUCTORY SECTION (Unaudited)
Letter of Transmittal ...................................................................................................................................................... i
Elected Officials & City Staff ....................................................................................................................................... v
Organizational Chart .................................................................................................................................................... vi
Map ............................................................................................................................................................................. vii
GFOA Certificate of Achievement for Excellence in Financial Reporting ............................................................... viii
FINANCIAL SECTION
Independent Auditors Report on Financial Statements ......................................................................................... 1
Managements Discussion and Analysis (Required Supplementary Information) (Unaudited) ......................... 5
Basic Financial Statements:
Government-Wide Financial Statements:
Statement of Net Position .............................................................................................................................. 18
Statement of Activities ................................................................................................................................... 20
Fund Financial Statements:
Governmental Fund Financial Statements:
Balance Sheet .......................................................................................................................................... 27
Reconciliation of the Governmental Funds Balance Sheet
to the Government-Wide Statement of Net Position ......................................................................... 28
Statement of Revenues, Expenditures, and
Changes in Fund Balances ................................................................................................................ 29
Reconciliation of the Governmental Funds Statement of Revenues,
Expenditures, and Changes in Fund Balances to the Government-Wide
Statement of Activities ...................................................................................................................... 30
Proprietary Fund Financial Statements:
Statement of Net Position ........................................................................................................................ 32
Statement of Revenues, Expenses, and Changes in Net Position ............................................................ 35
Statement of Cash Flows ......................................................................................................................... 36
Fiduciary Fund Financial Statements:
Statement of Fiduciary Assets and Liabilities ......................................................................................... 41
Notes to the Basic Financial Statements ........................................................................................................... 47
7.2.b
Packet Pg. 45 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
City of Gilroy
Comprehensive Annual Financial Report
For the Year Ended June 30, 2020
Table of Contents (Continued)
Page
FINANCIAL SECTION (Continued)
Required Supplementary Information (Unaudited)
Schedule of Changes in the Net Pension Liability and Related Ratios Last Ten Fiscal Years
CalPERS Miscellaneous Plan ........................................................................................................................ 92
CalPERS Safety Plan ..................................................................................................................................... 93
Schedule of Plan Contributions - Pension Last Ten Fiscal Years
CalPERS Miscellaneous Plan ........................................................................................................................ 94
CalPERS Safety Plan ..................................................................................................................................... 95
Schedule of Changes in the Net OPEB Liability and Related Ratios Last Ten Fiscal Years ........................ 97
Budgetary Comparison Schedules
General Fund .................................................................................................................................................. 98
Notes to the Budgetary Comparison Schedules ................................................................................................ 101
Supplementary Information:
Schedule of Revenues, Expenditures, and Changes in Fund Balance Budget and Actual:
Public Facilities Impact Capital Projects Fund ............................................................................................ 104
Gilroy Community Library Debt Service Fund ........................................................................................... 105
Nonmajor Governmental Funds:
Description of Nonmajor Governmental Funds ........................................................................................... 106
Combining Balance Sheet ............................................................................................................................ 108
Combining Statement of Revenues, Expenditures, and Changes in Fund Balances .................................... 115
Schedule of Revenues, Expenditures, and Changes in Fund Balance Budget and Actual:
Gas Tax Special Revenue Fund ............................................................................................................. 122
Pavement Management Special Revenue Fund ..................................................................................... 123
Public Safety Grants Special Revenue Fund ......................................................................................... 124
Prop 172 Sales Tax Special Revenue Fund ........................................................................................... 125
Community Development Block Grant Special Revenue Fund ............................................................ 126
Rehabilitation Loans Special Revenue Fund ......................................................................................... 127
Housing Trust Fund Special Revenue Fund .......................................................................................... 128
Community Facilities District Special Revenue Fund ........................................................................... 129
Measure B Special Revenue Fund ......................................................................................................... 130
Vehicle License Fee Special Revenue Fund .......................................................................................... 131
Los Arroyos Fund Special Revenue Fund ............................................................................................. 132
CalHome Funds Special Revenue Fund .............................................................................................. 133
7.2.b
Packet Pg. 46 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
City of Gilroy
Comprehensive Annual Financial Report
For the Year Ended June 30, 2020
Table of Contents (Continued)
Page
Supplementary Information (Continued):
Nonmajor Governmental Funds (Continued):
Schedule of Revenues, Expenditures, and Changes in Fund Balances Budget and Actual (Continued):
Capital Projects Fund ............................................................................................................................ 134
BANS 2009 Financing Capital Projects Fund ....................................................................................... 135
Traffic Impact Capital Projects Fund .................................................................................................... 136
Storm Drains Capital Projects Fund ...................................................................................................... 137
Utility Undergrounding Capital Projects Fund ...................................................................................... 138
Street Trees Development Capital Projects Fund .................................................................................. 139
Sewer Development Capital Projects Fund ........................................................................................... 140
Water Development Capital Projects Fund ........................................................................................... 141
Bank Interest Capital Projects Fund ...................................................................................................... 142
Gilroy Community Library Capital Projects Fund ................................................................................ 143
Refunding Lease 2010 Debt Service Fund ............................................................................................ 144
2013 Refunding Bond Debt Service Fund ............................................................................................. 145
CA Energy Commission Loan Debt Service Fund ................................................................................ 146
Internal Service Funds:
Combining Statement of Net Position.......................................................................................................... 148
Combining Statement of Revenues, Expenses and Changes in Net Position .............................................. 150
Combining Statement of Cash Flows ........................................................................................................... 153
Agency Funds:
Combining Statement of Fiduciary Assets and Liabilities ........................................................................... 157
Combining Statement of Changes in Fiduciary Assets and Liabilities ........................................................ 160
Additional Schedules:
Analysis of Available Resources Selected Funds ..................................................................................... 166
Composition of Available Resources Selected Funds............................................................................... 168
Annual Report Fillings ................................................................................................................................. 171
7.2.b
Packet Pg. 47 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
City of Gilroy
Comprehensive Annual Financial Report
For the Year Ended June 30, 2020
Table of Contents (Continued)
Page
STATISTICAL SECTION (Unaudited)
Description of Statistical Section Contents ............................................................................................................... 181
Financial Trends:
Net Position By Component - Last Ten Fiscal Years ............................................................................................ 182
Changes in Net Position - Last Ten Fiscal Years .................................................................................................. 184
Fund Balances of Governmental Funds - Last Ten Fiscal Years ........................................................................... 188
Changes in Fund Balances of Governmental Funds - Last Ten Fiscal Years ........................................................ 190
Revenue Capacity:
Sales Tax by Category - Last Ten Fiscal Years ..................................................................................................... 192
Sales Tax Rates - Last Ten Fiscal Years ................................................................................................................ 194
Principal Sales Tax Producers Last Fiscal Year and Nine Years Ago ................................................................ 195
Assessed Value and Estimated Actual Value of Taxable Property - Last Ten Fiscal Years ................................. 196
Direct and Overlapping Property Tax Rates - Last Ten Fiscal Years .................................................................... 197
Principal Property Taxpayers - Current Year and Nine Years Ago ....................................................................... 198
Property Tax Levies, Tax Collections, and Delinquency - Last Ten Fiscal Years ................................................ 199
Debt Capacity:
Ratios of Outstanding Debt by Type - Last Ten Fiscal Years ............................................................................... 200
Ratio of General Bonded Debt Outstanding - Last Ten Fiscal Years .................................................................... 202
Schedule of Direct and Overlapping Bonded Debt ................................................................................................ 203
Legal Debt Margin Information - Last Ten Fiscal Years ....................................................................................... 204
Revenue Bond Coverage - Wastewater System - Last Ten Fiscal Years .............................................................. 206
Demographic and Economic Information:
Demographic and Economic Statistics Last Ten Fiscal Years ........................................................................... 209
Principal Employers Current Year and Five Years Ago ..................................................................................... 210
Operating Information:
Full-Time Equivalent City Government Employees By Function/Program Last Ten Fiscal Years ................... 211
Operating Indicators by Function / Program Last Ten Fiscal Years ................................................................... 212
Capital Assets By Function Last Ten Fiscal Years ............................................................................................. 214
7.2.b
Packet Pg. 48 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
i
CITY
ADMINISTRATOR’S
OFFICE
7351 Rosanna Street
Gilroy, CA 95020
Telephone (408) 846-0202
Facsimile (408) 846-0500
http://www.ci.gilroy.ca.us
February 1, 2021
To the Honorable Mayor, Members of the City Council and Citizens of Gilroy:
The City of Gilroy’s (City) Charter requires that the City publish a complete set of audited financial
statements for each fiscal year. This report is published to fulfill that requirement for the fiscal
year ended June 30, 2020. This Comprehensive Annual Financial Report (CAFR) is submitted for
your information and review. The information contained herein has been provided to allow the
reader to gain an understanding of Gilroy’s financial activities. Management assumes full
responsibility for the completeness and reliability of the information contained in this report. The
Management Discussion and Analysis (MD&A) is included to assist the reader in its review of the
City’s financial statements. It provides a roadmap for the financial statements and related notes.
To provide a reasonable basis for making these representations, management of the City has
established a comprehensive framework of internal controls that is designed to both protect the
government’s assets from loss, theft or misuse and to compile sufficient reliable information for
the preparation of the City’s financial statements in conformity with U.S. Generally Accepted
Accounting Principles (GAAP). Because the cost of internal controls should not outweigh their
benefits, the City’s comprehensive framework of internal controls has been designed to provide
reasonable, rather than absolute assurance that the financial statements will be free from material
misstatements. Management is committed to maintaining the City’s internal controls to adequately
safeguard assets; and to provide reasonable assurances of proper recording of financial
transactions.
The Pun Group LLP, Certified Public Accountants, have issued an unmodified (“clean”) opinion
on Gilroy’s financial statements for the year ended June 30, 2020. The independent auditor’s report
is located at the front of the financial section of this report. The MD&A immediately follows the
independent auditor’s report and provides a narrative introduction, overview, and analysis of the
basic financial statements. The MD&A complements this letter of transmittal and should be read
in conjunction.
Profile of the government
The City is the southernmost city in Santa Clara County, and is located approximately 25 miles
south of San Jose and approximately 75 miles south of San Francisco. Gilroy sits at the crossing
of U.S. Highway 101 and State Highway 152. The City was first incorporated in 1870 and became
a charter city on January 8, 1960. As of May 2020, the City had a population estimate of 57,084.
Situated between the Diablo and Santa Cruz mountains in the Santa Clara Valley, the City
experiences mild temperatures, while missing most of the coastal fog. The agricultural growing
season ranges from 300 to 350 days a year. Over the past few decades, the City has been
transitioning from an agricultural economy into a light industrial- and services-based economy.
7.2.b
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ii
The City operates under the Council-Administrator form of government. The seven City Council
members, including the Mayor, are elected-at-large to four-year terms in alternate slates of three
every two years, with the Mayor being elected every four years. The City Council appoints the
City Administrator who heads the executive branch of the government, implements City Council
directives and policies, and manages the administrative and operational functions through the
department directors. The City Administrator appoints the department directors with the exception
of the City Clerk and the City Attorney, who are appointed by the City Council.
The budget of the City is a detailed operating and capital improvement plan that identifies
estimated costs and activities as related to estimated revenues. The City Administrator submits to
the City Council a proposed biennial budget for all funds and the Council then proceeds to make
any changes to the proposed budget it deems necessary. Before adopting the proposed budget, the
Council holds a public hearing. After the conclusion of the public hearing the Council may further
make revisions to the proposed budget. Thereafter the Council adopts the budget with revisions, if
any.
The City provides municipal services including police and fire protection, community and
economic development, recreation activities, parks and street maintenance, water and sewer
utilities and general City administration. Natural gas and electricity are provided by Pacific Gas
and Electric Company. Water service is provided by the City. Wastewater is collected and treated
by the South County Regional Wastewater Authority. Recycling and solid waste disposal services
are provided in the City by Recology South Valley.
Economic Setting
Gilroy’s economy has been dominated by agriculture and its related industries (food processing,
etc.) since the 1800s. However, the growing influence of Silicon Valley and regional population
growth have resulted in significant changes in the local economy during the past twenty years. The
economic boom in Silicon Valley which began in the early 1990s had profound impacts on the
local economy, resulting in significant increases in home prices and land values as well as
significant decreases in local unemployment.
Today, Gilroy’s economy is diversified into non-agricultural commercial and industrial activities
such as light manufacturing, wholesale operations, automobile sales, and large retail centers.
The Gilroy Outlets, Auto Mall area, and retail developments east of Highway 101 have put the
City on the map as a regional retail destination, and helped strengthen the City’s tax revenues.
Manufacturing and wholesale/distribution operations take advantage of Gilroy’s proximity to
Silicon Valley and easy access to Highway 152, leading to Interstate 5 and the Central Valley.
Development and Construction Activity
Prior to the 2008 economic recession, local real estate development and construction industries
experienced a high demand for new residential, commercial, and industrial development. Although
limited by the City’s Residential Development Ordinance (RDO), new housing construction saw
a surge of activity, as RDO allocations approved in earlier years were built out. Housing
developments in the northwest quad, north-central Gilroy, and Eagle Ridge area brought new
households to the City, many residents of which commute to work in the north county area.
Construction activity was also high in the southeast industrial area.
7.2.b
Packet Pg. 50 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
iii
Fiscal Year 2020 (FY 20) Financial Results
The City ended FY 20 with an operating loss. Total Citywide expenditures were less than
anticipated primarily due to savings in personnel and departmental expenditures, consistent with
FY 19 savings. However, General Fund revenue for FY 20 was lower than budgeted, primarily
due to less Sales Tax revenue, Plan Check and Inspection revenue, and Building Permit revenue
than anticipated. The net impact was an operating loss in the General Fund.
Revitalization and Capital Improvements
Commercial development in certain corridors in Gilroy has added millions of square feet of retail
and professional services space to the City. Downtown revitalization efforts have helped attract
new businesses to the area, has retained existing businesses, and creating a core area of antique
stores, specialty shops, and restaurants. Restored historic buildings also add to the downtown’s
character, including the Old City Hall and Train Depot. However, some vacant storefronts persist
and the City is focusing additional efforts at revitalizing these spaces. Within the past decade major
projects including the Downtown Streetscape, the Camino Arroyo Bridge, the New Gilroy Library,
and the Aquatics Center at Christopher High School have been added as significant assets to the
community. The new Gilroy Library was completed in the spring of 2012 under budget and ahead
of schedule.
The City’s capital improvement plan (CIP) provides a 5-year window of projects to be completed
within the CIP horizon. The financial health of the capital improvement funds have improved over
the last few years as a result of new development.
Long-term financial planning and major initiatives
The City’s general fund balance as of June 30, 2020 was $14.9 million. In June 2017, City Council
adopted a general fund reserve policy of retaining a general fund reserve equal to 20% of annual
general fund expenditures, or approximately $11.6 million at budget adoption for FY 20. The
policy also adopted a separate economic stability reserve that is used only for limited purposes, at
10% of general fund expenditures, or approximately $5.8 million.
Near the end of FY 20, the City realized significant financial and operational impacts as a result
of the Covid-19 pandemic. The City immediately implemented a Financial Recovery Plan which
included the use of the Economic Uncertainty Fund and instituted workforce reductions that
stabilized the City’s fiscal health. As part of the recovery plan, the City also implemented long-
term expenditure adjustments to address a known structural imbalance. These measures were
made to ensure that City maintained its’ long-standing fiscal health for years to come and to this
point have achieved the desired results.
7.2.b
Packet Pg. 51 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
iv
Award and Acknowledgements
The Government Finance Officers Association (GFOA) awarded a Certificate of Achievement for
Excellence in Financial Reporting to the City of Gilroy for its comprehensive annual financial
report (CAFR) for the fiscal year ended June 30, 2019. This was the sixth consecutive year that
the government achieved this prestigious award. In order to be awarded a Certificate of
Achievement, the government had to publish an easily readable and efficiently organized CAFR
that satisfied both generally accepted accounting principles and applicable program requirements.
A Certificate of Achievement for Excellence in Financial Reporting is valid for a period of one
year only. However, we believe that our current CAFR continues to meet the Certificate of
Achievement for Excellence in Financial Reporting Program’s requirements, and we are
submitting it to the GFOA to determine its eligibility for another certificate.
The preparation of this report would not have been possible without the skill, diligence, and
commitment of the entire staff of the Finance Department, and specifically Finance Manager
Rosemary Guerrero. We wish to thank all government departments for their assistance in providing
the data necessary to prepare this report. Credit also is due to the Mayor and the City Council for
their continuing support for maintaining the highest standards of professionalism in the
management of Gilroy’s finances and prioritizing the goal of financial sustainability.
Respectfully submitted,
Jimmy Forbis
City Administrator
7.2.b
Packet Pg. 52 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
v
City of Gilroy
Elected Officials & City Staff
As of Fiscal Year End - June 30, 2020
ELECTED OFFICIALS
Roland Velasco Mayor
Marie Blankley Mayor Pro Tempore
Dion Bracco Council Member
Carol Marques Council Member
Peter Leroe-Muñoz Council Member
Cat Tucker Council Member
Fred Tovar Council Member
CITY STAFF
Jimmy Forbis (Interim) City Administrator
Shawna Freels City Clerk
Karen Garner Community Development Director
Jimmy Forbis Finance Director
Mark Bisbee (Interim) Fire Chief
LeeAnn McPhillips Human Resources Director/Risk Manager
Scot Smithee Police Chief
Girum Awoke Public Works Director
Maria DeLeon Recreation Director
7.2.b
Packet Pg. 53 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
CITY COUNCILADMINISTRATIVE ORGANIZATION CITY ATTORNEY Andy Faber CITY CLERK Shawna Freels COMMUNITY & ENGAGEMENT MANAGER Rachelle Bedell SR. MANAGEMENT ANALYST Trevin W. Barber MANAGEMENT ASSISTANT OFFICE ASSISTANT II COMMUNITY DEVELOPMENTKaren Garner PUBLIC WORKSGirum Awoke FINANCEJimmy Forbis HUMAN RESOURCESLeeAnn McPhillips RECREATIONMaria De Leon POLICEScot Smithee ENVIRONMENTAL SERVICESFIRE PREVENTION/HAZARDOUS MATERIALSPLANNINGOPERATIONSPARKS WATER STREETS, SEWERS, TREES FACILITIES FLEET ENGINEERINGTRANSPORTATION/TRAFFIC DEVELOPMENT CAPITAL PROJECTS SCRWAGENERAL ACCOUNTING ACCOUNTS PAYABLE PAYROLL INFORMATION TECHNOLOGY ADMINISTRATION CITY ADMINISTRATOR Jimmy Forbis (Interim) FIREMark Bisbee (Interim) OPERATIONS EMS/TRAINING ADMINISTRATIVE SUPPORTLABOR RELATIONS EMPLOYEE BENEFITS RECRUITMENT/SELECTION RISK MANAGEMENT/ WORKERS COMP CLASSIFICATION/ COMPENSATION EMPLOYEE TRAINING & DE-VELOPMENT ADAPTIVE AFTER SCHOOL AQUATICS ADULT & YOUTH SPORTS CONTRACT CLASSES CULTURAL ARTS EARLY CHILDHOOD RECREA-TION MUSEUM PARK & FACITIES RESERVA-TIONS SENIOR CENTER SPECIAL EVENITS SUMMER DAY CAMP VOLUNTEERS YOUTH CENTER YOUTH SCHOLARSHIP FIELD OPERATIONSBUILDINGHOUSING AND COMMUNITY DEVELOPMENTCODE ENFORCEMENTSPECIAL OPERATIONS TRAFFIC UNIT INVESTIGATIONS ANTI-CRIME TEAM YOUTH TASK FORCE ADMIN. SERVICES RECORDS COMMUNICATIONS ADMINISTRATIONBUDGET UTILITY BILLING PURCHASING vi
7.2.b
Packet Pg. 54 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
City of Gilroy Map
vii
7.2.b
Packet Pg. 55 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
viii
7.2.b
Packet Pg. 56 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
FINANCIAL SECTION
7.2.b
Packet Pg. 57 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
7.2.b
Packet Pg. 58 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
INDEPENDENT AUDITORS REPORT
To the Honorable Mayor and the Members of the City Council
of the City of Gilroy
Gilroy, California
Report on the Financial Statements
We have audited the accompanying financial statements of the governmental activities, the business-type activities,
the discretely presented component unit, each major fund, and the aggregate remaining fund information of City of
Gilroy, California (the City) as of and for the year ended June 30, 2020, and the related notes to the basic financial
statements, which collectively comprise the Citys basic financial statements as listed in the table of contents.
Managements Responsibility for the Financial Statements
Management is responsible for the preparation and fair presentation of these financial statements in accordance with
accounting principles generally accepted in the United States of America; this includes the design, implementation,
and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are
free from material misstatement, whether due to fraud or error.
Auditors Responsibility
Our responsibility is to express opinions on these financial statements based on our audit. We conducted our audit in
accordance with auditing standards generally accepted in the United States of America, and the standards applicable
to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United
States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the
financial statements are free from material misstatement.
An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial
statements. The procedures selected depend on the auditors judgment, including the assessment of the risks of
material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the
auditor considers internal control relevant to the entitys preparation and fair presentation of the financial statements
in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an
opinion on the effectiveness of the entitys internal control. Accordingly, we express no such opinion. An audit also
includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting
estimates made by management, as well as evaluating the overall presentation of the financial statements.
We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit
opinions.
Opinions
In our opinion, the financial statements referred to above present fairly, in all material respects, the respective
financial position of the governmental activities, the business-type activities, the discretely presented component unit,
each major fund, and the aggregate remaining fund information of the City, as of June 30, 2020, and the respective
changes in financial position, and, where applicable, cash flows thereof for the year then ended in accordance with
accounting principles generally accepted in the United States of America.
7.2.b
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To the Honorable Mayor and the Members of the City Council
of the City of Gilroy
Gilroy, California
Page 2
2
Emphasis-of-Matter Regarding Prior Period Adjustments
As described in Note 15 to the basic financial statements, certain amounts were restated due to improper reporting of
$8,435,277 in net pension and OPEB liabilities and related items in the governmental activities which should have
been allocated and reported in the business type activities and enterprise funds for the year ending June 30, 2020. In
additions, accounts receivable for grants and capital assets in the governmental activities were understated by
$1,416,417. Business-type activities and Sewer Enterprise Funds were overstated in the amount of $2,952,971 for the
equity investment in its discretely presented component unit, the South County Regional Wastewater Authority.
Accordingly, beginning net position as of July 1, 2020, of the governmental activities, business type activities and the
sewer and water funds were restated to reflect the correction of these errors. Our opinions are not modified with
respect to these matters.
Other Matters
Required Supplementary Information
Accounting principles generally accepted in the United States of America require that the Managements Discussion
and Analysis, the Budgetary Comparison Schedules, the Schedules of Changes in Net Pension Liability and Related
Ratios, the Schedules of Contributions Pensions, the Schedule of Changes in Net Other Postemployment Benefits
Liability and Related Ratios, and the Schedule of Contributions Other Postemployment Benefits on pages 5 to 14
and 92 to 101 be presented to supplement the basic financial statements. Such information, although not a part of the
basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an
essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic,
or historical context. We have applied certain limited procedures to the Required supplementary Information in
accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries
of management about the methods of preparing the information and comparing the information for consistency with
managements responses to our inquiries, the basic financial statements, and other knowledge we obtained during our
audit of the basic financial statements. We do not express an opinion or provide any assurance on the information
because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any
assurance.
Other Information
Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise
the Citys basic financial statements. The Introductory Section, the Combining and Individual Nonmajor Fund
Financial Statements, Additional Schedules, and the Statistical Section are presented for purposes of additional
analysis and are not a required part of the basic financial statements.
The Combining and Individual Nonmajor Fund Financial Statements are the responsibility of management and were
derived from and relate directly to the underlying accounting and other records used to prepare the basic financial
statements. Such information has been subjected to the auditing procedures applied in the audit of the basic financial
statements and certain additional procedures, including comparing and reconciling such information directly to the
underlying accounting and other records used to prepare the basic financial statements or to the basic financial
statements themselves, and other additional procedures in accordance with auditing standards generally accepted in
the United States of America. In our opinion, the Combining and Individual Nonmajor Fund Financial Statements are
fairly stated, in all material respects, in relation to the basic financial statements as a whole.
7.2.b
Packet Pg. 60 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
To the Honorable Mayor and the Members of the City Council
of the City of Gilroy
Gilroy, California
Page 3
3
The Introductory and the Statistical Sections, and Additional Schedules have not been subjected to the auditing
procedures applied in the audit of the basic financial statements and, accordingly, we do not express an opinion or
provide any assurance on them.
Other Reporting Required by Government Auditing Standards
In accordance with Government Auditing Standards, we have also issued our report dated February 1, 2021, except
for the effect of the significant deficiencies subsequently reported in Finding 2020-001 which is as of July 25, 2022
on our consideration of the Citys internal control over financial reporting and on our tests of its compliance with
certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report
is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results
of that testing, and not to provide an opinion on the effectiveness of the Citys internal control over financial reporting
or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing
Standards in considering the Citys internal control over financial reporting and compliance.
Santa Ana, California
February 1, 2021, except for the South County Regional Wastewater Authority, a Discretely Presented Component
Unit (DCU) of the City and Notes 15 Prior Period Adjustments and 16 - Subsequent Events, which is as of
July 25, 2022.
7.2.b
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7.2.b
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City of Gilroy
Managements Discussion and Analysis (Unaudited)
For the Year Ended June 30, 2020
5
The following discussion and analysis of the financial performance of the City of Gilroy provides an overview of the
Citys financial activities for the fiscal year ended June 30, 2020 (FY 20). Please read it in conjunction with the
financial statements identified in the accompanying table of contents.
Using the Accompanying Financial Statements
This annual report consists of a series of financial statements. The Statement of Net Position and the Statement of
Activities provide information about the activities of the City as a whole and present a longer-term view of the Citys
finances. Also included in the accompanying report are fund financial statements. For governmental activities, the fund
financial statements tell how these services were financed in the short term as well as what remains for future spending.
Fund financial statements also report the Citys operations in more detail than the government-wide statements by
providing information about the Citys most significant funds. The remaining statements provide financial information
about activities for which the City acts solely as a trustee or agent for the benefit of those outside of the government.
Notes to the Basic Financial Statements
The notes provide additional information that is essential to a full understanding of the data provided in the
government-wide and fund financial statements.
FINANCIAL HIGHLIGHTS
The Citys overall net position decreased from FY 19 primarily due to revenue decline in sales tax, plan check
and inspection revenue, and building permit revenue. As of June 30, 2020, the Citys governmental funds reported
a combined ending fund balance of $72.0 million, a decrease of $11.5 million.
The FY 20 General Fund final budget revenue amount of $56.5 million was higher than the actual amount of
$51.3 million. The difference of $5.2 million was due in part to lower than anticipated Sales Tax revenue, Plan
Check and Inspection Fee revenue, and Building Permit revenue.
General Fund revenue overall was lower than budgeted for certain revenue types. While property tax revenue
was approximately $0.9 million more, and utility tax was $0.7 million more than anticipated, sales tax revenue
was $3.3 million less, and transient occupancy tax revenue was $0.7 million less than anticipated.
The FY 20 amended General Fund budget expenditure amount of $60.8 million was higher than the actual amount
of $56.1 million due to departmental savings, including personnel savings resulting from vacant positions and
one-time expenditures that were not completed in FY 20. In addition, the City maintained its conservative
spending practices during the fiscal year.
The general fund reserve as of June 30, 2020 decreased by $12.9 million to $14.9 million which is 26% of actual
FY 20 expenditures.
Total Citys long-term debt decreased by $3.8 million due to principal reduction payments and amortization of
premium of $22.9 and new bond proceeds from Library GO Bond Series B of $19.1 million.
7.2.b
Packet Pg. 63 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
City of Gilroy
Managements Discussion and Analysis (Unaudited) (Continued)
For the Year Ended June 30, 2020
6
OVERVIEW OF THE FINANCIAL STATEMENTS
The annual report consists of four parts managements discussion and analysis (this section), the basic financial
statements, required supplementary information, and a section that presents combining statements for nonmajor
governmental funds, internal service funds and fiduciary funds. The basic financial statements include two kinds of
statements that present different views of the City:
The first two statements are government-wide financial statements that provide both long-term and short-term
information about the Citys overall financial status.
The remaining statements are fund financial statements that focus on individual parts of the City government,
reporting the Citys operations in more detail than the government-wide statements.
The governmental funds statements tell how general government services like public safety were
financed in the short term as well as what remains for future spending.
Proprietary funds statements offer short-term and long-term financial information about the activities
the government operates like businesses, such as the water and sewer system.
Fiduciary funds statements provide information about the fiduciary relationships like the agency
funds of the City in which the City acts solely as agent or trustee for the benefit of others, to whom
the resources in question belong.
The financial statements also include notes that explain some of the information in the financial statements and provide
more detailed data. The statements are followed by a section of required supplementary information that provides
additional financial and budgetary information.
Figure A-1 summarizes the major features of the Citys financial statements, including the portion of the City
government they cover and the types of information they contain. The remainder of this overview section of
managements discussion and analysis explains the structure and contents of each of the statements.
7.2.b
Packet Pg. 64 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
City of Gilroy
Managements Discussion and Analysis (Unaudited) (Continued)
For the Year Ended June 30, 2020
7
Figure A-1
Major Features of the Citys Government-wide and Fund Financial Statements
Fund Statements
Government-wide Statements
Governmental Funds
Proprietary Funds
Fiduciary Funds
Scope Entire City government
(except fiduciary funds) and
the Citys component units
The activities of the
City that are not
proprietary or fiduciary
Activities the City
operates similar to
private businesses
Instances in which the
City is the trustee or
agent for someone
elses resources
Required
financial
statements
Statement of net position
Statement of activities
Balance sheet
Reconciliation to
the balance sheet
to the statement of
net position
Statement of
revenues,
expenditures and
changes in fund
balances
Reconciliation of
the statement of
revenues,
expenditures and
changes to fund
balances to the
statement of
activities
Statement of net
position
Statement of
revenues,
expenses and
changes in net
position
Statement of cash
flows
Statement of
fiduciary net
position
Statement of
changes in
fiduciary net
position
Accounting
basis and
measurement
focus
Accrual accounting and
economic resources focus
Modified accrual
accounting and current
financial resources
focus
Accrual accounting
and economic
resources focus
Accrual accounting no
measurement focus
Type of asset/
liability
information
All assets, liabilities, and
deferred inflows/outflows of
resources, both financial and
capital, and short-term and
long-term
Only assets expected to
be used up and
liabilities that come
due during the year or
soon thereafter; no
capital assets or long-
term debt included
All assets and
liabilities, both
financial and capital,
and short-term and
long-term
All assets and
liabilities, both short-
term and long-term;
the Citys fiduciary
funds do not currently
contain capital assets,
although they can.
Type of inflow/
outflow
information
All revenues and expenses
during year, regardless of
when cash is received or paid
Revenues for which
cash is received during
or soon after the end of
the year; expenditures
when goods or services
have been received and
payment is due during
the year or soon
thereafter
All revenues and
expenses during the
year, regardless of
when cash is received
or paid
All revenues and
expenses during year,
regardless of when
cash is received or
paid.
7.2.b
Packet Pg. 65 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
City of Gilroy
Managements Discussion and Analysis (Unaudited) (Continued)
For the Year Ended June 30, 2020
8
Reporting the City as a Whole
The accompanying government-wide financial statements include two statements that present financial data for the
City as a whole. One of the most important questions asked about the Citys finances is, Is the City as a whole better
off or worse off as a result of the years activities? The Statement of Net Position and the Statement of Activities
report information about the City as a whole and about its activities in a way that helps answer this question. These
statements include all assets, deferred outflows of resources and liabilities using the accrual basis of accounting, which
is similar to the accounting used by most private-sector companies. All of the current years revenues and expenses are
considered regardless of when cash is received or paid.
These two statements report the Citys net position and changes in them. You can think of the Citys net position the
difference between assets and deferred outflow of resources, and liabilities and deferred inflow of resources as one way
to measure the Citys financial health, or financial position. Over time, increases and decreases in the Citys net
position are one indicator of whether its financial health is improving or deteriorating. You will need to consider other
nonfinancial factors, however, such as changes in the Citys property tax base and the condition of the Citys roads, to
assess the overall health of the City.
In the Statement of Net Position and the Statement of Activities, we divide the City into two kinds of activities:
Governmental activities - Most of the Citys basic services are reported here. Sales taxes, property taxes,
and other revenues finance most of these activities.
Business-type activities - The City charges a fee to customers to help it cover all or most of the cost of the
services accounted for in these funds.
Reporting the Citys Major Funds
The fund financial statements provide detailed information about the Citys most significant funds not the City as a
whole. Some funds are required to be established by State law or by bond covenants. However, City Council establishes
many other funds to help it control and manage money for particular purposes or to show that it is meeting administrative
responsibilities for using certain taxes, grants, or other money (such as grants received). The Citys two kinds of funds
governmental and proprietary use different accounting approaches.
Governmental funds - Most of the Citys basic services are reported in governmental funds, which focus on
how money flows into and out of those funds and the balances left at year end that are available for spending.
These funds are reported using an accounting method called modified accrual accounting, which measures
cash and all other current financial assets that can readily be converted to cash. The governmental fund
statements provide a detailed short- term view of the Citys general government operations and the basic
services it provides. Governmental fund information helps you determine whether there are more or fewer
financial resources that can be spent in the near future to finance the Citys programs. We describe the
relationship or differences between governmental activities (reported in the Statement of Net Position and
the Statement of Activities) and governmental funds in reconciliations following the fund financial
statements.
Proprietary funds - When the City charges customers for the services it provides - whether to outside
customers or to other units of the City - these services are generally reported in proprietary funds. Proprietary
funds are reported in the same way that all activities are reported in the Statement of Net Position and the
Statement of Activities. In fact, the Citys enterprise funds (a component of proprietary funds) are the same as
the business-type activities we report in the government-wide statements but provide more detail and
additional information, such as cash flows for proprietary funds. We use internal service funds (the other
component of proprietary funds) to report activities that provide supplies and services for the Citys other
programs and activities.
7.2.b
Packet Pg. 66 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
City of Gilroy
Managements Discussion and Analysis (Unaudited) (Continued)
For the Year Ended June 30, 2020
9
Reporting the Citys Fiduciary Responsibilities
The City is an agent for certain assets held for, and under the control of, other organizations and individuals. All of the
Citys fiduciary activities are reported in a separate Statement of Fiduciary Assets and Liabilities. We exclude these
activities from the Citys other financial statements because the City cannot use these assets to finance its operations.
The City is responsible for ensuring that the assets reported in these funds are used for their intended purposes.
GOVERNMENT-WIDE FINANCIAL STATEMENTS
A summary of the government-wide statement of net position (in millions) follows:
2020 2019 2020 2019 2020 2019
Cash and investments $ 95.3 $ 102.4 $ 44.5 $ 41.6 $ 139.8 $ 144.0
Other Assets 10.6 12.0 70.7 73.0 81.3 85.0
Capital Assets 216.7 219.8 91.4 91.1 308.1 310.9
Total Assets 322.6 334.2 206.6 205.7 529.2 539.9
Deferred Outflows 13.7 16.2 2.5 0.7 16.2 16.9
Other Liabilities 13.7 12.7 3.7 4.1 17.4 16.8
Long term liabilities outstanding 151.4 154.8 20.6 19.4 172.0 174.2
Total Liabilities 165.1 167.5 24.3 23.5 189.4 191.0
Deferred Inflows 4.8 4.7 0.8 0.1 5.6 4.8
Net Position
Net investment in capital assets 151.9 156.9 86.5 91.1 238.4 248.0
Restricted 57.1 50.7 0.0 0.0 57.1 50.7
Unrestricted (42.6) (29.4) 97.5 91.7 54.9 62.3
Total Net Position $ 166.4 $ 178.2 $ 184.0 $ 182.8 $ 350.4 $ 361.0
Governmental Activities Business-Type Activities Total
7.2.b
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City of Gilroy
Managements Discussion and Analysis (Unaudited) (Continued)
For the Year Ended June 30, 2020
10
A summary of the government-wide statement of activities follows:
Changes in Net Position (In millions):
2020 2019 2020 2019 2020 2019
Revenues
Program revenues:
Charges for services 9.4$ 12.6$ 27.5$ 25.2$ 36.9$ 37.8$
Operating grants and contributions 14.2 14.1 - 14.2 14.1
Capital grants and contributions 1.9 6.5 2.4 4.2 4.3 10.7
General revenues:
Taxes 41.6 43.2 - - 41.6 43.2
Investment income 2.0 2.8 - - 2.0 2.8
Miscellaneous 0.2 - 1.2 1.3 1.4 1.3
Total revenues 69.3 79.2 31.1 30.7 100.4 109.9
Expenses:
General government 6.1 7.4 - - 6.1 7.4
Public safety 40.1 32.8 - - 40.1 32.8
Public Works 23.5 20.8 - - 23.5 20.8
Community development 8.6 7.7 - - 8.6 7.7
Interest expense 2.4 3.3 - - 2.4 3.3
Water and Sewer - - 27.3 31.9 27.3 31.9
Reclaimed water - - - - - -
Total expenses 80.7 72.0 27.3 31.9 108.0 103.9
Change in net position before special item and
extraordinary loss and transfers (11.4) 7.2 3.8 (1.2) (7.6) 6.0
Transfers (0.4) (0.6) 0.4 0.6 - -
Speical Items - - - (2.3) - (2.3)
Change in net position (11.8) 6.6 4.2 (2.9) (7.6) 3.7
Net position, beginning of year (as restated) 178.2 171.6 179.8 185.7 358.0 357.3
Net position, end of year 166.4$ 178.2$ 184.0$ 182.8$ 350.4$ 361.0$
Business-Type Activities TotalGovernmental Activities
The increase or decrease in net position can provide an indication as to whether the overall financial position of the
City improved or deteriorated during the year. The net position of the Citys governmental activities decreased between
years primarily due to decreased revenue due to the financial and operational impacts as a result of the COVID-19
pandemic. See below for a discussion of the change in capital assets.
The net position of the Citys business activities also decreased slightly between years. See below for a discussion of
the change in capital assets.
Charges for services for governmental activities decreased between years primarily due to decreased plan check and
inspection fees, and building permit fees from FY 19. Additionally, sales tax revenue and interest income decreased from
FY 19. Capital contributions for business-type activities decreased between years due to a reduction in the investment
and completion of sewer improvement projects.
7.2.b
Packet Pg. 68 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
City of Gilroy
Managements Discussion and Analysis (Unaudited) (Continued)
For the Year Ended June 30, 2020
11
MAJOR FUNDS
As noted earlier, the City uses fund accounting to provide proper financial management of the Citys resources and to
demonstrate compliance with finance-related legal requirements.
Major Governmental Funds. The General Fund is the chief operating fund of the City. In the financial statements for
the year ended June 30, 2011, the City began combining its Sidewalk Repair, Library Reserve, Golf Course and
Community Recreation special revenue funds with the Citys General Fund for financial statement presentation as
required under GASB 54. At the end of FY 20, the total fund balance of the general fund (as presented in the
aforementioned manner) was $14.9 million.
Revenues decreased between the years ended June 30, 2019 and June 30, 2020 primarily as a result of decreased sales
tax revenue, and decreased charges for services in the areas of plan check and inspection fees, and building permits.
Near the end of FY 20, the City realized significant financial and operational impacts as a result of the COVID-19
pandemic.
The Public Facilities Impact Capital Projects Fund has a total fund deficit of $6.3 million. In the year ended
June 30, 2006 several impact funds were consolidated into this fund. In February 2008, this fund borrowed $13.7
million from several funds for the purchase of Gilroy Gardens. See Note 4, in the Notes to the Basic Financial
Statements for additional information.
Major Enterprise Funds. Unrestricted net position of the Sewer Fund at the end of the year amounted to $79.6 million
and for the Water Fund amounted to $17.9 million.
GENERAL FUND
The final budgeted operating expenditures of the General Fund were $60.8 million. The actual operating expenditures
of the General Fund were $56.1 million, approximately $4.7 million less than the final budget. The difference is
primarily due to savings in personnel and departmental expenditures. In the last quarter of FY 20, the City enacted
numerous expenditure adjustments to minimize the use of the Citys Unrestricted General Fund Reserve. At the time,
the City expected to utilize the entire Economic Stability Reserve (ESR) and to a great extent did so. As the COVID-
19 pandemic has continued to impact both the Citys operational and financial performance, the City now expects to
utilize the remaining ESR in FY 21 while the City awaits the return of a more normal economic environment. The ESR
has been used for the purposes it was originally intended to allow the City (as much as possible) to maintain service
levels in the event of a severe economic downturn.
In June 2017, the City Council adopted a new general fund reserve policy that consisted of (i) an unrestricted General
Fund Reserve of 20% of general fund expenditures and (ii) an Economic Stability Reserve of 10% of general fund
expenditures that is intended to help the City weather a severe economic crisis. The following table summarizes the
adopted general fund reserve policy:
General Fund Reserve Description of Use Amount
Unrestricted Unbudgeted costs or revenue shortfall
Economic Stability Specific triggers in severe economic
downturn
Minimum of 20% of
expenditures
Minimum of 10% of
expenditures
7.2.b
Packet Pg. 69 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
City of Gilroy
Managements Discussion and Analysis (Unaudited) (Continued)
For the Year Ended June 30, 2020
12
The Economic Stability Reserve shall only be used in extraordinary circumstances, upon satisfaction of one of the
following economic triggers and with the majority vote of the City Council:
State take-away of significant revenue
Large drop in property taxes (decrease in assessed valuations)
Major business closures (sales tax and/or utility users tax impact)
Dramatic drop in development from projections
Large unexpected drop in sales taxes (or other primary revenues - utility users tax, franchise fees or
transient occupancy tax) due to severe recession
The economic triggers cause the General Fund Reserve to fall below a predetermined percentage of
expenditures (e.g., 20%).
When the Economic Stability Reserve is used, the City is obligated to replenish the reserve by the end of the next
biennial budget to 10% of the general fund expenditures for the given year.
CAPITAL ASSETS
Capital Assets (net of depreciation) (In millions):
2020 2019 2020 2019 2020 2019
Land $ 21.3 $ 21.3 $ - $ - $ 21.3 $ 21.3
Construction in progress 8.8 4.6 7.6 5.8 16.4 10.4
Buildings and structures 77.8 80.9 - - 77.8 80.9
Infrastructure/water mains
and lines/sewer mains 101.4 105.3 83.8 85.3 185.2 190.6
Furniture and equipment 7.4 7.7 - - 7.4 7.7
Total $ 216.7 $ 219.8 $ 91.4 $ 91.1 $ 308.1 $ 310.9 .
Governmental activities Business-Type activities Total
7.2.b
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City of Gilroy
Managements Discussion and Analysis (Unaudited) (Continued)
For the Year Ended June 30, 2020
13
The major changes to capital assets during the year ended June 30, 2020 were as follows:
Buildings and improvements for governmental activities decreased primarily as a result of depreciation.
Furniture and equipment for governmental activities decreased as a result of depreciation.
Vehicles for governmental activities increased due to several major vehicle purchases, offset by
depreciation expense.
IT equipment and software for governmental activities decreased as a result of depreciation.
Infrastructure for governmental activities decreased due to depreciation and assets reaching end of life,
partially offset by additions in medians, storm drains, streetlights, pavement, sidewalk, and curb and
gutter.
Construction in progress for governmental activities increased due to numerous projects that have started
and will be completed in FY 21.
Utility system capital assets for business-type activities decreased as a result of depreciation and assets
reaching end of life.
Construction in progress for business-type activities increased due to the transfer of completed assets to
the utility system.
Additional information on the Citys capital assets can be found in the Notes 1I and 5 to the Basic Financial Statements.
LONG-TERM DEBT
As of June 30, 2020, the Citys governmental activities had bonded debt outstanding of $64.2 million. Of this amount,
$26.6 million represents general obligation bonds secured solely by specified revenue sources. The remaining debt of
$36.7 million represents refunding revenue bonds and a loan payable of $0.9.
2020 2019
Loan Payable 857,429$ 948,011$
General Obligation Bonds 26,630,459 27,983,538
Refunding Revenue Bonds 36,713,218 39,097,182
Total Long-Term Debt 64,201,106$ 68,028,731$
The City issued Certificates of Participation 2003 Series, in the amount of $45,900,000 to fund several capital projects.
These debt instruments were refinanced in August 2009 with bond anticipation notes (BANs). In 2010 the City
refinanced its 2009 BANs with 50% fixed-rate, long- term lease revenue bonds (LRBs) (with a final maturity in 2033)
and 50% three-year short-term BANs. These BANs were scheduled to mature on November 1, 2013 and were
refinanced in August 2013 with LRBs. See Note 8 in the Notes to the Basic Financial Statements for a further discussion.
The City issued $10.5 million principal amount of General Obligation Bonds 2009 Series to finance the acquisition,
construction and improvement of facilities to be used as a public library within the City. In FY 11, the City issued an
additional $23.5 million principal amount of General Obligation Bonds 2010 Series for the library. The bonds were
refunded on June 26, 2019 with proceeds from the 2019 General Obligation Refunding Bonds, Series A. See Note 8 in
the Notes to the Basic Financial Statements for additional information.
The Citys long-term business-type debt includes Wastewater Revenue Bonds of $7,080,000. See Note 8 for additional
information.
Additional information on the Citys long-term debt can be found in the Notes to the Basic Financial Statements.
7.2.b
Packet Pg. 71 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
City of Gilroy
Managements Discussion and Analysis (Unaudited) (Continued)
For the Year Ended June 30, 2020
14
Budgetary Highlights
See the Required Supplementary Information in the Citys financial statements for a comparison of the Citys budgeted
revenues and expenditures to actual revenues and expenditures. When preparing its budget, the City projects its
revenues using realistic, but conservative methods so as to budget its expenditure appropriations in a prudent manner.
As the City had adequate reserves, funds were utilized from the unrestricted fund balance to augment revenue shortfalls
during the year. As previously noted, the City has two unr estricted reserve levels the Unrestricted General Fund
Reserves and the Economic Stability Reserve, the latter being partially utilized in FY 20. The City continues to monitor
and make adjustments as necessary to ensure that there will be no need to utilize Unrestricted General Reserves.
In addition, the City continued economic incentive transfers from the general fund to the impact funds, to make these
funds whole for the previously granted incentives.
Economic Factors and Fiscal Year 20 Budgets
For the first three-quarters of FY 20 the City continued to experience a healthy economy as evidenced by the increase
in sales tax and property tax receipts during that period, however on March 13, 2020 the City ceased in-person
operations as a results of the Santa Clara County (SCC) Public Health Stay-At-Home order which also closed most
of the Citys businesses to in-person activity. The results of this event were immediate and significant and at the time,
the City forecasted an annual loss of 20% of its sales tax revenue. To date, that assumption has proved to be accurate.
The City has continually shown the will to address its issues head-on and as a result the City not only weathered the
initial financial impacts of the COVID-19 pandemic, but it is also primed and ready to respond to ongoing challenges
the pandemic is most likely to present. The City has always taken a conservative approach in its spending in order to
maintain a balanced budget for and on behalf of the community and will continue to be financially prudent during
the current biennial budget.
The City regularly reviews its revenues and expenditures and reports to the City Council to keep both the Council and the
residents apprised of its current fiscal health and to ensure the adequate protection of the Citys financial resources.
Contacting the Citys Financial Management
This financial report is designed to provide our citizens, taxpayers, customers, and creditors with a general overview
of the Citys finances and to show the Citys accountability for the money it receives. If you have questions about this
report or need additional financial information, contact the Finance Directors Office, at the City of Gilroy, 7351 Rosanna
Street, Gilroy, California 95020.
7.2.b
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BASIC FINANCIAL STATEMENTS
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GOVERNMENT-WIDE FINANCIAL STATEMENTS
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Discretely Presented
Component Unit
South County
Governmental Business-Type Regional Wastewater
Activities Activities Total Authority
ASSETS
Current assets:
Cash and investments 90,642,564$ 41,858,353$ 132,500,917$ 9,935,264$
Cash and investments with fiscal agent 4,697,482 2,665,006 7,362,488 -
Accounts receivable 90,823 3,639,635 3,730,458 150,566
Due from other governments 4,929,016 - 4,929,016 429,120
Inventory 147,311 470,571 617,882 -
Prepaid items 110,821 - 110,821 -
Interest receivable 1,172,875 - 1,172,875 -
Loans receivable 3,392,599 - 3,392,599 -
Due from primary government - - - 576,445
Due from component unit 1,044,367 1,044,367 -
Total current assets 105,183,491 49,677,932 154,861,423 11,091,395
Noncurrent assets:
Land held for resale 706,754 - 706,754 -
Equity investment in component unit (Note 6) - 65,549,814 65,549,814 -
Capital assets - nondepreciable 30,092,317 7,603,111 37,695,428 25,107,421
Capital assets - depreciable, net 186,655,090 83,803,970 270,459,060 71,315,690
Total noncurrent assets 217,454,161 156,956,895 374,411,056 96,423,111
Total assets 322,637,652 206,634,827 529,272,479 107,514,506
DEFERRED OUTFLOWS OF RESOURCES
Deferred charges on refunding - 124,254 124,254 -
Deferred outflows of resources related to pensions 12,871,991 2,172,815 15,044,806 -
Deferred outflows of resources related to OPEB 800,597 168,531 969,128 -
Total deferred outflows of resources 13,672,588 2,465,600 16,138,188 -
Primary Government
City of Gilroy
Statement of Net Position
June 30, 2020
See accompanying Notes to the Basic Financial Statements
18
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Discretely Presented
Component Unit
South County
Governmental Business-Type Regional Wastewater
Activities Activities Total Authority
LIABILITIES
Current liabilities:
Accounts payable 3,067,774$ 1,091,382$ 4,159,156$ 1,174,151$
Accrued payroll and benefits 2,733,556 - 2,733,556 49,545
Deposits payable - 57,670 57,670 -
Interest payable 641,509 147,500 789,009 -
Unearned revenues 2,726,102 - 2,726,102 -
Due to component unit 426,788 149,657 576,445 -
Due to the primary government - - - 1,044,367
Compensated absences due within one year 230,000 27,000 257,000 -
Claims payable due within one year 909,000 - 909,000 -
Long-term debt due within one year 2,957,328 2,260,000 5,217,328 -
Total current liabilities 13,692,057 3,733,209 17,425,266 2,268,063
Noncurrent liabilities:
Compensated absences due in more than one year 1,756,656 242,477 1,999,133 10,840
Claims payable due in more than one year 2,713,445 - 2,713,445 -
Long-term debt due in more than one year 61,243,778 5,285,517 66,529,295 -
Aggregate net pension liabilities 73,684,672 12,488,155 86,172,827 -
Net OPEB liabilities 12,056,601 2,538,001 14,594,602 -
Total noncurrent liabilities 151,455,152 20,554,150 172,009,302 10,840
Total liabilities 165,147,209 24,287,359 189,434,568 2,278,903
DEFERRED INFLOWS OF RESOURCES
Deferred pension-related items 2,495,300 282,048 2,777,348 -
Deferred OPEB-related items 2,299,361 484,032 2,783,393 -
Total deferred inflows of resources 4,794,661 766,080 5,560,741 -
NET POSITION
Net investment in capital assets 151,904,792 86,503,324 238,408,116 96,423,111
Restricted for:
Nonspendable:
Minority interest of component unit (Note 6) - - - 36,732,816
Spendable:
Public safety 560,033 - 560,033 -
Community development 8,022,954 - 8,022,954 -
Public works 44,465,113 - 44,465,113 -
Debt service 4,089,661 - 4,089,661 -
Total restricted 57,137,761 - 57,137,761 36,732,816
Unrestricted (deficit) (42,674,183) 97,543,664 54,869,481 (27,920,324)
Total net position 166,368,370$ 184,046,988$ 350,415,358$ 105,235,603$
June 30, 2020
Statement of Net Position (Continued)
City of Gilroy
Primary Government
See accompanying Notes to the Basic Financial Statements
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Capital Grants
Charges for Operating Grants and
Expenses Services and Contributions Contributions
Functions/Programs
Governmental Activities:
General government 6,131,791$ 3,550,758$ 135,442$ -$
Public safety 40,088,865 1,188,951 1,093,696 -
Community development 8,556,959 3,909,360 12,973,930 1,931,458
Public works 23,525,423 715,299 44,567 -
Interest 2,431,588 - - -
Total Governmental Activities 80,734,626 9,364,368 14,247,635 1,931,458
Business-Type Activities:
Sewer 14,668,434 12,872,189 - 1,655,291
Water 12,603,780 14,590,973 - 783,826
Total Business-Type Activities 27,272,214 27,463,162 - 2,439,117
Total Primary Government 108,006,840$ 36,827,530$ 14,247,635$ 4,370,575$
Discretely Presented Component Unit
South County Regional Wastewater
Authority 13,317,767$ 12,372,057$ -$ -$
City of Gilroy
Statement of Activities
For the Year Ended June 30, 2020
Program Revenues
See accompanying Notes to the Basic Financial Statements
20
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Discretely Presented
Component Unit
South County
Governmental Business-Type Regional Wastewater
Activities Activities Total Authority
Functions/Programs
Governmental Activities:
General government (2,445,591)$ -$ (2,445,591)$ -$
Public safety (37,806,218) - (37,806,218) -
Community development 10,257,789 - 10,257,789 -
Public works (22,765,557) - (22,765,557) -
Interest (2,431,588) - (2,431,588) -
Total Governmental Activities (55,191,165) - (55,191,165) -
Business-Type Activities:
Sewer - (140,954) (140,954) -
Water - 2,771,019 2,771,019 -
Total Business-Type Activities - 2,630,065 2,630,065 -
Total Primary Government (55,191,165) 2,630,065 (52,561,100) -
Discrete Component Unit
South County Regional Wastewater
Authority - - - (945,710)
General Revenues:
Taxes:
Property taxes 15,595,639 - 15,595,639 -
Sales taxes 17,233,882 - 17,233,882 -
Transient occupancy taxes 1,237,812 - 1,237,812 -
Franchise taxes 1,855,622 - 1,855,622 -
Utility users tax 5,177,426 - 5,177,426 -
Real property transfer taxes 489,775 - 489,775 -
Investment earnings 2,039,471 1,169,133 3,208,604 -
Miscellaneous 127,479 - 127,479 -
Transfers (447,847) 447,847 - -
Total General Revenues 43,309,259 1,616,980 44,926,239 -
Changes in Net Position (11,881,906) 4,247,045 (7,634,861) (945,710)
Net Position - Beginning, as restated (Note 15)178,250,276 179,799,943 358,050,219 106,181,313
Net Position - Ending 166,368,370$ 184,046,988$ 350,415,358$ 105,235,603$
Net (Expense) Revenue and Changes in Net Position
City of Gilroy
Statement of Activities (Continued)
For the Year Ended June 30, 2020
See accompanying Notes to the Basic Financial Statements
21
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FUND FINANCIAL STATEMENTS
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GOVERNMENTAL FUND FINANCIAL STATEMENTS
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Capital Debt
Projects Service
Fund Fund
Public Gilroy Other
General Facilities Community Governmental
Fund Impact Library Funds Total
ASSETS
Cash and investments 14,804,080$ 1,277,614$ 1,131,376$ 54,149,031$ 71,362,101$
Receivables:
Accounts 17,623 - - 40,000 57,623
Due from other governments 4,148,570 - 7,140 773,306 4,929,016
Interest - - - 1,172,875 1,172,875
Loans and notes - - - 3,392,599 3,392,599
Due from other funds 470,965 - - - 470,965
Advances from other funds - - - 2,758,836 2,758,836
Prepaid items 18,577 - - - 18,577
Inventories 108,338 - - - 108,338
Land held for resale - - - 706,754 706,754
Restricted assets:
Cash and investments with fiscal agents - - - 2,697,482 2,697,482
Total assets 19,568,153$ 1,277,614$ 1,138,516$ 65,690,883$ 87,675,166$
LIABILITIES, DEFERRED INFLOWS OF
RESOURCES, AND FUND BALANCES
Liabilities:
Accounts payable 804,751$ 131,318$ -$ 900,620$ 1,836,689$
Accrued liabilities 2,197,499 256,509 - 113,000 2,567,008
Unearned revenue 1,707,433 251,104 - 767,565 2,726,102
Due to other funds - - - 470,965 470,965
Advances to other funds - 6,997,367 - - 6,997,367
Due to the component unit - - - 426,788 426,788
Total liabilities 4,709,683 7,636,298 - 2,678,938 15,024,919
Deferred inflows of resources:
Unavailable revenues - - - 675,970 675,970
Total deferred inflows of resources - - - 675,970 675,970
Fund balances:
Nonspendable 126,915 - - 706,754 833,669
Restricted - - 1,138,516 56,283,167 57,421,683
Assigned - - - 5,368,008 5,368,008
Unassigned (deficit)14,731,555 (6,358,684) - (21,954) 8,350,917
Total fund balances 14,858,470 (6,358,684) 1,138,516 62,335,975 71,974,277
Total liabilities, deferred inflows
of resources, and fund balances 19,568,153$ 1,277,614$ 1,138,516$ 65,690,883$ 87,675,166$
City of Gilroy
Balance Sheet
June 30, 2020
Governmental Funds
See accompanying Notes to the Basic Financial Statements
27
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Packet Pg. 85 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
Total Fund Balances - Total Governmental Funds 71,974,277$
Nondepreciable, net of $969,219 reported in Internal Service Fund 29,123,098$
Depreciable, net of $5,004,841 reported in Internal Service Fund 181,650,249 210,773,347
Bonds payable (62,340,459)$
Premium on bonds payable (1,003,218)
Loans payable (857,429)
Interest payable (641,509)
Compensated absences, net of $119,999 reported in Internal Service Fund (1,866,657) (66,709,272)
Pension related deferred outflows of resources 12,871,991$
Aggregate net pension liability (73,684,672)
Pension related deferred inflows of resources (2,495,300) (63,307,981)
OPEB related deferred outflows of resources 800,597$
Aggregate net OPEB liability (12,056,601)
OPEB related deferred inflows of resources (2,299,361) (13,555,365)
675,970
26,517,394
Net Position of Governmental Activities 166,368,370$
City of Gilroy
Reconciliation of the Governmental Funds Balance Sheet to the
June 30, 2020
Government-Wide Statement of Net Position
Amounts reported for governmental activities in the Statement of Net Position were reported differently because:
Long-term liabilities are not due and payable in the current period and accordingly are not reported as fund liabilities. All
liabilities, both current and long-term, are reported in the Statement of Net Position:
Capital assets used in governmental activities were not current financial resources. Therefore, they were not reported in
the Governmental Funds Balance Sheet.
Internal Service Funds were used by management to charge the costs of certain activities, such as insurance and equipment
replacement to individual funds. The assets and liabilities of the Internal Service Funds were included in the
governmental activities in the Government-Wide Statement of Net Position.
Revenue reported as unavailable revenue in the governmental funds when it is not received soon enough after year-end to
be considered available. The availability criteria does not apply to the Government-Wide Financial Statements and,
therefore, the revenue is recognized when eligibility requirements are met and earned.
Net pension liabilities and the related deferred outflows of resources and deferred inflows of resources are not due and
payable in the current period or not available for current expenditures and are not reported in the governmental fund
financial statements:
Net OPEB liabilities and the related deferred outflows of resources and deferred inflows of resources are not due and
payable in the current period or not available for current expenditures and are not reported in the governmental fund
financial statements:
See accompanying Notes to the Basic Financial Statements
28
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Capital Debt
Projects Service
Fund Fund
Public Gilroy Other
General Facilities Community Governmental
Fund Impact Library Funds Total
Revenues:
Taxes 41,634,421$ -$ 1,921,576$ 713,940$ 44,269,937$
Intergovernmental 196,685 - - 5,276,844 5,473,529
Charges for services 5,872,162 3,679,043 - 4,400,617 13,951,822
Licenses and permits 1,776,651 - - - 1,776,651
Fines and forfeitures 282,535 - - - 282,535
Investment income 489,509 78,375 97,797 1,218,468 1,884,149
Miscellaneous 1,011,718 - - 336,412 1,348,130
Total revenues 51,263,681 3,757,418 2,019,373 11,946,281 68,986,753
Expenditures:
Current:
General government 6,200,542 - 129,296 31,204 6,361,042
Public safety 35,693,586 - - 1,174,301 36,867,887
Community services 7,897,645 - - - 7,897,645
Community development 6,347,065 3,277,318 - 9,518,860 19,143,243
Debt service:
Principal retirement - - 1,090,630 1,895,582 2,986,212
Interest and fiscal charges - 102,559 1,123,892 1,785,256 3,011,707
Total expenditures 56,138,838 3,379,877 2,343,818 14,405,203 76,267,736
Revenues over (under)
expenditures (4,875,157) 377,541 (324,445) (2,458,922) (7,280,983)
Other financing sources (uses):
Bond proceeds - - 19,087,551 - 19,087,551
Payment to refunded bond escrow - - (19,350,000) - (19,350,000)
Transfers in 239,510 40,762 - 8,657,712 8,937,984
Transfers out (8,265,753) (3,594,976) - (1,045,268) (12,905,997)
Total other financing sources (uses)(8,026,243) (3,554,214) (262,449) 7,612,444 (4,230,462)
Net Change in Fund Balances (12,901,400) (3,176,673) (586,894) 5,153,522 (11,511,445)
Fund balances:
Beginning of year 27,759,870 (3,182,011) 1,725,410 57,182,453 83,485,722
End of year 14,858,470$ (6,358,684)$ 1,138,516$ 62,335,975$ 71,974,277$
City of Gilroy
Statement of Revenues, Expenditures, and Changes in Fund Balances
Governmental Funds
For the Year Ended June 30, 2020
See accompanying Notes to the Basic Financial Statements
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Net Change in Fund Balances - Total Governmental Funds (11,511,445)$
Capital outlay, net of $1,566,359 in Internal Service Fund 7,070,839$
Depreciation, net of $716,351 in Internal Service Funds (10,957,543) (3,886,704)
(89,724)
(19,087,551)
Bonds payable 22,245,630$
Loans payable 90,582 22,336,212
1,155
578,964
(245,056)
(3,091,814)
(234,503)
3,348,560
Change in Net Position of Governmental Activities (11,881,906)$
Internal Service Funds are used by management to charge the costs of certain activities, such as insurance and equipment
replacement, to individual funds. The net revenue of the Internal Service Funds is reported in governmental activities.
Certain pension expenses reported in the Statement of Activities do not require the use of current financial resources and,
therefore, are not reported as expenditures in governmental funds.
Certain OPEB expenses reported in the Statement of Activities do not require the use of current financial resources and,
therefore, are not reported as expenditures in governmental funds.
Compensated absences were reported in the Government-Wide Statement of Activities, but they did not require the use of
current financial resources. Therefore, compensated absences were not reported as expenditures in the governmental
funds.
Net change in revenues that was considered unavailable in the governmental funds. These items have been reported as
revenue in the Statement of Activities.
Amortization of bond discount was recognized in interest expense on the Government-Wide Statement of Activities, but
did not require the use of current financial resources. Therefore amortization of bond discount was not reported as an
expenditure in the governmental funds.
Proceeds from the issuance of long-term debt is not a revenue in the Statement of Activities, but is reported as a liability on
the Government-Wide Statement of Net Position.
Principal repayment on long-term debt is not an expense in the Statement of Activities, but is considered an expenditure in
governmental funds.
Interest accrued on long-term debt is reported in the Statement of Activities, but does not require the use of current
financial resources. Therefore, accrued interest is not reported as an expenditure in governmental funds. This amount
represents the change in accrued interest from the prior year.
Capital assets used in governmental activities are not financial resources and therefore are not reported in governmental
funds.
Governmental activities in the Statement of Activities were reported differently because:
City of Gilroy
Reconciliation of the Governmental Funds Statement of Revenues, Expenditures, and Changes
For the Year Ended June 30, 2020
in Fund Balances to the Government-Wide Statement of Activities
See accompanying Notes to the Basic Financial Statements
30
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PROPRIETARY FUND FINANCIAL STATEMENTS
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Governmental
Activities
Total Internal
Enterprise Service
Sewer Water Funds Funds
ASSETS
Current assets:
Cash and investments 18,610,720$ 23,247,633$ 41,858,353$ 19,280,463$
Cash and investments with fiscal agent 2,665,006 - 2,665,006 2,000,000
Accounts receivable 1,685,038 1,954,597 3,639,635 33,200
Inventory of materials - 470,571 470,571 38,973
Prepaid items - - - 92,244
Due from component unit 1,044,367 - 1,044,367 -
Total current assets 24,005,131 25,672,801 49,677,932 21,444,880
Noncurrent assets:
Interfund loans receivable (Note 4B) - - - 4,238,531
Equity investment in component unit (Note 6) 65,549,814 - 65,549,814 -
Capital assets:
Capital assets, not depreciated - 7,603,111 7,603,111 969,219
Capital assets, depreciated, net 33,116,971 50,686,999 83,803,970 5,004,841
Total noncurrent assets 98,666,785 58,290,110 156,956,895 10,212,591
Total assets 122,671,916 83,962,911 206,634,827 31,657,471
DEFERRED OUTFLOWS OF RESOURCES
Deferred amount on refunding 124,254 - 124,254 -
Deferred outflows of resources related to pension 1,116,985 1,055,830 2,172,815 -
Deferred outflows of resources related to OPEB 76,658 91,873 168,531 -
Total deferred outflows of resources 1,317,897 1,147,703 2,465,600 -
June 30, 2020
Proprietary Funds
Statement of Net Position
City of Gilroy
Business-Type Activities
See accompanying Notes to the Basic Financial Statements
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Governmental
Activities
Total Internal
Enterprise Service
Sewer Water Funds Funds
LIABILITIES
Current liabilities:
Accounts payable 223,872 867,510 1,091,382 1,231,085
Accrued liabilities - - - 166,548
Deposits payable - 57,670 57,670 -
Interest payable 147,500 - 147,500 -
Due to component unit 149,657 - 149,657 -
Compensated absences, current portion 13,000 14,000 27,000 12,000
Claims payable, current portion - - - 909,000
Bond payable, current portion 2,260,000 - 2,260,000 -
Total current liabilities 2,794,029 939,180 3,733,209 2,318,633
Noncurrent liabilities:
Compensated absences 114,056 128,421 242,477 107,999
Claims payable - - - 2,713,445
Bond payable 5,285,517 - 5,285,517 -
Net pension liability 6,419,821 6,068,334 12,488,155 -
Net OPEB liability 1,154,433 1,383,568 2,538,001 -
Total noncurrent liabilities 12,973,827 7,580,323 20,554,150 2,821,444
Total liabilities 15,767,856 8,519,503 24,287,359 5,140,077
DEFERRED INFLOW OF RESOURCES
Deferred inflow of resources related to pension 144,993 137,055 282,048 -
Deferred inflow of resources related to OPEB 220,166 263,866 484,032 -
Total deferred inflows of resources 365,159 400,921 766,080 -
NET POSITION
Net investment in capital assets 28,213,214 58,290,110 86,503,324 5,974,060
Unrestricted 79,643,584 17,900,080 97,543,664 20,543,334
Total net position 107,856,798$ 76,190,190$ 184,046,988$ 26,517,394$
City of Gilroy
Statement of Net Position (Continued)
Proprietary Funds
June 30, 2020
Business-Type Activities
See accompanying Notes to the Basic Financial Statements
33
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Governmental
Activities
Total Internal
Enterprise Service
Sewer Water Funds Funds
OPERATING REVENUES:
Charges for services 12,872,189$ 14,572,310$ 27,444,499$ 25,874,719$
Miscellaneous - 18,663 18,663 602,100
TOTAL OPERATING REVENUES 12,872,189 14,590,973 27,463,162 26,476,819
OPERATING EXPENSES:
Operations 9,462,155 9,861,000 19,323,155 23,800,494
Depreciation 1,502,987 1,325,138 2,828,125 716,351
Billing 730,892 730,893 1,461,785 -
Administration 667,733 686,749 1,354,482 323,349
Claims and judgments - - - 838,388
Insurance premiums - - - 1,373,381
TOTAL OPERATING EXPENSES 12,363,767 12,603,780 24,967,547 27,051,963
OPERATING INCOME (LOSS)508,422 1,987,193 2,495,615 (575,144)
NONOPERATING REVENUES (EXPENSES):
Investment income 561,664 607,469 1,169,133 403,538
Interest expense (192,327) - (192,327) -
Share of component unit net loss (2,112,340) - (2,112,340) -
Total Nonoperating Income (Loss)(1,743,003) 607,469 (1,135,534) 403,538
NET INCOME (LOSS) BEFORE TRANSFERS
AND CAPITAL CONTRIBUTIONS (1,234,581) 2,594,662 1,360,081 (171,606)
TRANSFERS:
Transfers in (Note 4C) 693,577 - 693,577 3,520,166
Transfers out (Note 4C) (100,000) (145,730) (245,730) -
Capital contributions 1,655,291 783,826 2,439,117 -
TOTAL TRANSFERS AND
CAPITAL CONTRIBUTIONS 2,248,868 638,096 2,886,964 3,520,166
CHANGES IN NET POSITION 1,014,287 3,232,758 4,247,045 3,348,560
NET POSITION:
Beginning of the year, as restated (Note 15) 106,842,511 72,957,432 179,799,943 23,168,834
End of the year 107,856,798$ 76,190,190$ 184,046,988$ 26,517,394$
Proprietary Funds
Statement of Revenues, Expenses, and Changes in Net Position
City of Gilroy
Business-Type Activities
For the Year Ended June 30, 2020
See accompanying Notes to the Basic Financial Statements
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Governmental
Activities
Total Internal
Enterprise Service
Sewer Water Funds Funds
CASH FLOWS FROM OPERATING ACTIVITIES
Cash received from customers and users 12,463,663$ 13,910,570$ 26,374,233$ 26,474,709$
Cash paid to suppliers for goods and services (6,686,260) (7,474,140) (14,160,400) (21,664,293)
Cash paid to employees for services (2,978,161) (3,113,950) (6,092,111) (1,965,240)
Cash paid for insurance claims - - - (2,454,147)
Net Cash Provided by (Used in) Operating Activities 2,799,242 3,322,480 6,121,722 391,029
CASH FLOWS FROM NONCAPITAL
FINANCING ACTIVITIES:
Cash received from other funds 593,577 (145,730) 447,847 3,852,691
Net Cash Provided by (Used in) Noncapital Financing Activities 593,577 (145,730) 447,847 3,852,691
CASH FLOWS FROM CAPITAL AND
RELATED FINANCING ACTIVITIES:
Acquisition of capital assets 1,146,655 (1,807,812) (661,157) (1,566,359)
Principal paid (2,150,000) - (2,150,000) -
Interest paid (407,750) - (407,750) -
Net Cash (Used in) Capital and Related
Financing Activities (1,411,095) (1,807,812) (3,218,907) (1,566,359)
CASH FLOWS FROM INVESTING ACTIVITIES:
Capital contributions to component unit (1,576,500) - (1,576,500) -
Interest received 561,664 607,469 1,169,133 403,538
Net Cash Provided by Investing Activities (1,014,836) 607,469 (407,367) 403,538
Net Change In Cash and Cash Equivalents 966,888 1,976,407 2,943,295 3,080,899
CASH AND CASH EQUIVALENTS:
Beginning of year 20,308,838 21,271,226 41,580,064 18,199,564
End of year 21,275,726$ 23,247,633$ 44,523,359$ 21,280,463$
CASH AND CASH EQUIVALENTS:
Cash and investments 18,610,720$ 23,247,633$ 41,858,353$ 19,280,463$
Cash and investments with fiscal agent 2,665,006 - 2,665,006 2,000,000
Total cash and cash equivalents 21,275,726$ 23,247,633$ 44,523,359$ 21,280,463$
City of Gilroy
Statement of Cash Flows
Proprietary Funds
For the Year Ended June 30, 2020
Business-Type Activities
See accompanying Notes to the Basic Financial Statements
36
7.2.b
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Governmental
Activities
Total Internal
Enterprise Service
Sewer Water Funds Funds
Reconciliation of Operating Income (Loss) to
Net Cash Provided by Operating Activities:
Operating income (loss) 508,422$ 1,987,193$ 2,495,615$ (575,144)$
Adjustments to reconcile to net cash provided by
Operating activities:
Depreciation 1,502,987 1,325,138 2,828,125 716,351
Noncapital financing activities:
Changes in assets and liabilities:
(Increase)/decrease in accounts receivables (408,476) (661,563) (1,070,039) (2,110)
(Increase)/decrease in inventory of materials - (152,404) (152,404) 8,582
(Increase)/decrease in prepaid items 2,037 3,463 5,500 (67,242)
(Increase)/decrease in due from component unit (59,843) - (59,843) -
(Increase)/decrease in deferred outflows of resources
related to pension (188,773) (260,614) (449,387) -
(Increase)/decrease in deferred outflows of resources
related to OPEB (35,210) (42,198) (77,408) -
Increase/(decrease) in accounts payable 33,473 (590,029) (556,556) 513,868
Increase/(decrease) in accrued liabilities - - - 21,019
Increase/(decrease) in deposits payable (50) (18,840) (18,890) -
Increase/(decrease) in due to component unit 127,009 - 127,009 -
Increase/(decrease) in compensated absences 43,174 39,553 82,727 18,083
Increase/(decrease) in claims payable - - - (242,378)
Increase/(decrease) in net pension liabilities 1,255,630 1,644,077 2,899,707 -
Increase/(decrease) in net OPEB liabilities (26,846) (32,175) (59,021) -
Increase/(decrease) in deferred inflows of resources (38,801) (20,405) (59,206) -
Increase/(decrease) in deferred inflows of resources
related to OPEB 84,509 101,284 185,793 -
Net Cash Provided by Operating Activities 2,799,242$ 3,322,480$ 6,121,722$ 391,029$
Noncash Financing, capital or Investing activities:
City share of component unit net loss (2,112,340)$ -$ -$ -$
Capital assets 1,655,291$ 783,826$ 2,439,117$ -$
City of Gilroy
Statement of Cash Flows (Continued)
Proprietary Funds
For the Year Ended June 30, 2020
Business-Type Activities
See accompanying Notes to the Basic Financial Statements
37
7.2.b
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7.2.b
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FIDUCIARY FUND FINANCIAL STATEMENTS
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Total
Agency
Funds
ASSETS
Cash and investments 4,418,961$
Cash and investments with fiscal agent 291,501
Accounts receivable 6,760
Due from County 1,253
Total assets 4,718,475$
LIABILITIES
Accounts payable 472,499$
Due to bond holders 1,083,959
Unearned revenues 197,173
Deposits payable 2,964,844
Total liabilities 4,718,475$
June 30, 2020
Statement of Fiduciary Assets and Liabilities
City of Gilroy
Fiduciary Funds
See accompanying Notes to the Basic Financial Statements
41
7.2.b
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NOTES TO THE BASIC FINANCIAL STATEMENTS
7.2.b
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City of Gilroy
Index to the Notes to the Basic Financial Statements
For the Year Ended June 30, 2020
45
Page
Note 1 Summary of Significant Accounting Policies ..................................................................................... 47
A. Description of the Reporting Entity ............................................................................................... 47
B. Basis of Accounting and Measurement Focus ............................................................................... 48
C. Cash and Investments ..................................................................................................................... 51
D. Interfund Loans Receivable and Payable ....................................................................................... 51
E. Accounts and Due from Other Governments ................................................................................. 52
F. Notes and Loans Receivable .......................................................................................................... 52
G. Inventories ...................................................................................................................................... 52
H. Land Held for Resale...................................................................................................................... 52
I. Capital Assets ................................................................................................................................. 52
J. Deferred Outflows/Inflows of Resources ....................................................................................... 53
K. Interest Payable .............................................................................................................................. 53
L. Unearned Revenue ......................................................................................................................... 53
M. Compensated Absences .................................................................................................................. 53
N. Net Pension Liability ...................................................................................................................... 54
O. Other Postemployment Benefits Liability ...................................................................................... 54
P. Claims Payable ............................................................................................................................... 54
Q. Net Position .................................................................................................................................... 55
R. Fund Balances ................................................................................................................................ 55
S. Spending Policy ............................................................................................................................. 56
T. Property Taxes ............................................................................................................................... 56
U. Use of Estimates ............................................................................................................................. 57
V. Implementation of New GASB Pronouncements .......................................................................... 57
Note 2 Stewardship, Compliance and Accountability ................................................................................... 57
A. Encumbrances ................................................................................................................................ 57
B. Continuing Appropriations ............................................................................................................. 57
C. Deficit Fund Balances/Net Position ............................................................................................... 58
D. Excess of Expenditure Over Appropriations .................................................................................. 58
Note 3 Cash and Investments .......................................................................................................................... 59
A. Demand Deposits ........................................................................................................................... 59
B. Investments Authorized by the California Government Code and the
City's Investment Policy ................................................................................................................. 60
C. Fair Value Measurements ............................................................................................................... 60
D. Disclosures Relating to Interest Rate Risk ..................................................................................... 61
E. Disclosures Relating to Credit Risk ............................................................................................... 61
F. Concentration of Credit Risk .......................................................................................................... 61
G. Custodial Credit Risk ..................................................................................................................... 62
H. Investment in State Investment Pool .............................................................................................. 62
Note 4 Interfund Transactions ........................................................................................................................ 63
A. Due to/from Other Funds ............................................................................................................... 63
B. Advances to/from Other Funds ...................................................................................................... 63
C. Transfers ......................................................................................................................................... 64
D. Due to/from Component Unit ........................................................................................................ 64
7.2.b
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City of Gilroy
Index to the Notes to the Basic Financial Statements (Continued)
For the Year Ended June 30, 2020
46
Page
Note 5 Capital Assets ........................................................................................................................................ 65
Note 6 Equity Investment in Component Unit ............................................................................................... 67
Note 7 Deferred Compensation ........................................................................................................................ 68
Note 8 Long-Term Liabilities ........................................................................................................................... 68
A. Governmental Activities ................................................................................................................. 68
B. Business-Type Activities ................................................................................................................. 72
C. Debt without Government Commitment ......................................................................................... 73
Note 9 Defined Benefit Pension Plans (CalPERS) .......................................................................................... 74
A. Summary ......................................................................................................................................... 74
B. General Information about the Pension Plans ................................................................................. 75
C. Net Pension Liability ....................................................................................................................... 77
D. Changes in the Net Pension Liability .............................................................................................. 79
E. Pension Expenses and Deferred Outflows/Inflows of Resources Related to Pensions ................... 80
Note 10 Other Postemployment Healthcare Plan ........................................................................................... 81
Note 11 Claims Payable .................................................................................................................................... 85
Note 12 Risk Management................................................................................................................................ 85
Note 13 Commitments and Contingencies ...................................................................................................... 86
Note 14 Classification of Fund Balances ......................................................................................................... 87
Note 15 Prior Period Adjustments ................................................................................................................... 88
Note 16 Subsequent Events .............................................................................................................................. 89
7.2.b
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City of Gilroy
Notes to the Basic Financial Statements (Continued)
For the Year Ended June 30, 2020
47
Note 1 Summary of Significant Accounting Policies
The basic financial statements of the City of Gilroy, California, (the City) have been prepared in conformity with
accounting principles generally accepted in the United States (U.S. GAAP) as applied to governmental agencies.
The Governmental Accounting Standards Board (GASB) is the accepted standard setting body for establishing
governmental accounting and financial reporting principles. The following is a summary of the Citys significant
policies:
A. Description of the Reporting Entity
The City was incorporated in 1870 under the general laws of the State of California and became a charter city on
January 8, 1960. The City operates under the Council-Administrator form of government. As required by
accounting principles generally accepted in the United States of America, these financial statements present the City
and its component units, entities for which the City is considered to be financially accountable. The City is
considered to be financially accountable for an organization if the City appoints a voting majority of that
organizations governing body and the organization is able to provide specific financial benefits to or impose
specific financial burdens on the City. The City is also considered to be financially accountable if an organization
is fiscally dependent (i.e., it is unable to adopt its budget, levy taxes, set rates or charges or issue bonded debt
without approval from the City). In certain cases, other organizations are included as component units if the nature
and significance of their relationship with the City are such that their exclusion would cause the Citys financial
statements to be misleading or incomplete.
The Gilroy Public Facilities Financing Authority is considered to be a blended component unit of the reporting
entity of the City because its sole purpose is to finance and construct the Citys public facilities. Blended
component units, although legally separate entities, are in substance, part of the Citys operations and so data
from these units are reported with interfund data of the primary government. The Gilroy Public Facilities
Financing Authority does not issue separate component unit financial statements.
Discretely Presented Component Unit
The South County Regional Wastewater Authority (Authority) was created on July 1, 1992 by the City of
Gilroy and City of Morgan Hill (Member Agencies). The purpose of the Authority is to plan and implement
regional solutions to the wastewater treatment and management problems resulting from the generation of
wastewater within the service areas of the Member Agencies. To achieve this purpose, the Authority constructs,
maintains and operates facilities for sewage treatment and wastewater reclamation. The City of Gilroy has a
58.1% ownership interest in the Authority. The City of Morgan Hill has a 41.9% ownership interest in the
Authority.
The Authority is governed by a Board of Directors, which consists of three members from the Gilroy City
Council and two members from the Morgan Hill City Council.
The Authoritys budget and member contribution requirements are approved by the Board of Directors of the
Authority. The Citys management provides accounting services, engineering services and administrative support
to the Authority, and day-to-day operations associated with the Authority have been contracted directly by the
Authority to a private provider of services for wastewater management and operations. The Authority is presented
in a separate column to emphasize that it is legally separate from the City and provides a financial benefit to the
City. Debt issued by the Authority requires approval by the City, and the City approves the budget of the
Authority.
Complete financial statements of the component unit can be obtained from the Citys administrative offices.
7.2.b
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City of Gilroy
Notes to the Basic Financial Statements (Continued)
For the Year Ended June 30, 2020
48
Note 1 Summary of Significant Accounting Policies (Continued)
A. Description of the Reporting Entity (Continued)
The government-wide financial statements (i.e., the statement of net position and the statement of activities)
report information about the reporting government as a whole, except for its fiduciary activities. All fiduciary
activities are reported only in the fund financial statements. Governmental activities, which normally are
supported by taxes, intergovernmental revenues and other nonexchange transactions, are reported separately from
business-type activities, which rely to a significant extent on fees and charges for support. Likewise, the primary
government is reported separately from discretely presented component units for which the primary government is
financially accountable.
B. Basis of Accounting and Measurement Focus
The accounts of the City are organized on the basis of funds, each of which is considered a separate accounting
entity. The operations of each fund are accounted for by providing a separate set of self-balancing accounts that
comprise its assets, liabilities, fund equity, revenues and expenditures or expenses, as appropriate. Fund
accounting segregates funds according to their intended purpose and is used to aid management in demonstrating
compliance with finance-related legal and contractual provisions. The minimum number of funds is maintained
in accordance with legal and managerial requirements.
Government-Wide Financial Statements
The Citys Government-Wide Financial Statements include a Statement of Net Position and a Statement of
Activities. These statements present summaries of governmental and business-type activities for the City
accompanied by a total column. The component unit column in the government-wide statement of net position
and statement of activities includes the financial data of the Citys component unit. The Citys ownership interest
in the component unit is reported in the Sewer Fund as an Equity Investment in the Component Unit and is
adjusted annually using the equity method of accounting.
Fiduciary activities of the City are not included in these statements.
These financial statements are presented on an economic resources measurement focus and the accrual basis
of accounting. Accordingly, all of the Citys assets and liabilities, including capital assets, as well as
infrastructure assets, and long-term liabilities, are included in the accompanying Statement of Net Position. The
Statement of Activities presents changes in Net Position. Under the accrual basis of accounting, revenues are
recognized in the period in which they are earned while expenses are recognized in the period in which the
liability is incurred.
Certain types of transactions are reported as program revenues for the City in three categories:
Charges for services
Operating grants and contributions
Capital grants and contributions
Certain eliminations have been made in regards to interfund activities, payables and receivables. All internal
balances in the Statement of Net Position have been eliminated except those representing balances between the
governmental activities and the business-type activities, which are presented as internal balances and eliminated
in the total primary government column. In the Statement of Activities, internal service fund transactions have
been eliminated; however, those transactions between governmental and business-type activities have not been
eliminated. The following interfund activities have been eliminated:
7.2.b
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City of Gilroy
Notes to the Basic Financial Statements (Continued)
For the Year Ended June 30, 2020
49
Note 1 Summary of Significant Accounting Policies (Continued)
B. Basis of Accounting and Measurement Focus (Continued)
Due to/from other funds
Advances to/from other funds
Transfers in/out
Governmental Fund Financial Statements
Governmental Fund Financial Statements include a Balance Sheet and a Statement of Revenues, Expenditures
and Changes in Fund Balances for all major governmental funds and nonmajor funds aggregated. An
accompanying schedule is presented to reconcile and explain the differences between fund balance as presented
in these statements to the net position presented in the Government-Wide Financial Statements. The City has
presented all major funds that met the applicable criteria.
All governmental funds are accounted for on a spending or "current financial resources" measurement focus and
the modified accrual basis of accounting. Accordingly, only current assets and current liabilities are included on
the Balance Sheet. The Statement of Revenues, Expenditures and Changes in Fund Balances presents increases
(revenues and other financing sources) and decreases (expenditures and other financing uses) in net current
assets. Under the modified accrual basis of accounting, revenues are recognized in the accounting period in
which they become both measurable and available to finance expenditures of the current period.
Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be
available when they are collectible within the current period or soon enough thereafter to pay liabilities of the
current period. For this purpose, the City considers revenues to be available if they are collected within 60 days
of the end of the current fiscal period. The primary revenue sources, which have been treated as susceptible to
accrual by the City, are property tax, sales tax, intergovernmental revenues and other taxes. Expenditures are
recorded in the accounting period in which the related fund liability is incurred.
The Reconciliation of the Fund Financial Statements to the Government-Wide Financial Statements is provided
to explain the differences created by the integrated approach of GASB Statement No. 34.
The City reports the following major governmental funds:
General Fund - The General Fund is used to account for resources traditionally associated with governments
which are not required by law or sound financial management to be accounted for in another fund.
Public Facilities Impact Capital Projects Fund - This fund has been established to track expenditures related
to the construction of facilities for public use.
Gilroy Community Library Debt Service Fund This fund is used to account for payments of the
indebtedness of the 2009 and 2010 General Obligation Bonds for the new Gilroy Community Library.
7.2.b
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City of Gilroy
Notes to the Basic Financial Statements (Continued)
For the Year Ended June 30, 2020
50
Note 1 Summary of Significant Accounting Policies (Continued)
B. Basis of Accounting and Measurement Focus (Continued)
Proprietary Fund Financial Statements
Proprietary Fund Financial Statements include a Statement of Net Position, a Statement of Revenues, Expenses
and Changes in Net Position, and a Statement of Cash Flows for each major Proprietary Fund.
A separate column representing internal service funds is also presented in these statements. However, internal
service balances and activities have been combined with the governmental activities in the Government-Wide
Financial Statements. The Citys internal service funds include three individual funds which provide services
directly to other City funds. These areas of service include Garage, Information Technology, and Self-Insurance.
Proprietary funds are accounted for using the "economic resources" measurement focus and the accrual basis of
accounting. Accordingly, all assets and liabilities (whether current or noncurrent) are included on the Statement
of Net Position. The Statement of Revenues, Expenses and Changes in Net Position presents increases (revenues)
and decreases (expenses) in total net position. Under the accrual basis of accounting, revenues are recognized in
the period in which they are earned while expenses are recognized in the period in which the liability is incurred.
In these funds, receivables have been recorded as revenue and provisions have been made for uncollectible
amounts.
Operating revenues in the proprietary funds are those revenues that are generated from the primary operations of
the fund. All other revenues are reported as nonoperating revenues. Operating expenses are those expenses that
are essential to the primary operations of the fund. All other expenses are reported as nonoperating expenses.
The City reports the following major enterprise fund:
Sewer Fund - This fund is used to account for sewage stations and collection systems provided by the City to
the public.
Water Fund - This fund is used to account for water services provided by the City to the public.
Fiduciary Fund Financial Statements
Fiduciary fund financial statements include a Statement of Fiduciary Net Position and a Statement of Changes in
Assets and Liabilities of Agency Funds. These funds have been established to account for assets received
and held by the City while acting in the capacity of an agent or custodian. Cash and deposits are
maintained for activities associated with various associations and third-party projects.
Discretely Presented Component Unit Financial Statements
The activities of the Authority closely resemble those of ongoing businesses in which the purpose is to conserve
and add to basic resources while meeting operating expenses from current revenues. The Authority provides
services on a continuous basis and its activities are substantially financed by revenues derived from user charges
and contributions from the member agencies. The Authority utilizes the accrual basis of accounting. Revenues
are recognized when earned and expenses are recognized as they are incurred.
7.2.b
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City of Gilroy
Notes to the Basic Financial Statements (Continued)
For the Year Ended June 30, 2020
51
Note 1 Summary of Significant Accounting Policies (Continued)
C. Cash and Investments
The City pools its available cash for investment purposes. Highly liquid market investments with maturities of
one year or less at time of purchase are stated at amortized cost. All other investments are stated at fair value.
U.S. GAAP defines fair value, establishes a framework for measuring fair value and establishes disclosures about
fair value measurement. Investments, unless otherwise specified, recorded at fair value in the financial
statements, are categorized based upon the level of judgment associated with the inputs used to measure their fair
value.
The three levels of the fair value measurement hierarchy are described below:
Level 1 Inputs are unadjusted, quoted prices for identical assets and liabilities in active markets at the
measurement date.
Level 2 Inputs, other than quoted prices included in Level 1, that are observable for the assets and
liabilities through corroboration with market data at the measurement date.
Level 3 Unobservable inputs that reflect managements best estimate of what market participants would
use in pricing the assets and liabilities at the measurement date.
The statement of cash flows requires presentation of cash and cash equivalents. For this purpose, the City
considers all proprietary fund pooled cash and investments as cash and cash equivalents, as such funds are
available to the various funds as needed.
Certain disclosure requirements, if applicable, for Deposits and Investment Risks in the following areas:
Interest Rate Risk
Credit Risk
-Overall
- Custodial Credit Risk
- Concentration of Credit Risk
In addition, other disclosures are specified including use of certain methods to present deposits and investments,
highly sensitive investments, credit quality at year-end and other disclosures.
D. Interfund Loans Receivable and Payable
Activity between funds that are representative of lending/borrowing arrangements outstanding at the end of the
fiscal year are referred to as due from/to other funds (i.e., current portion of interfund loans) or advances
to/from other fund (i.e., non-current interfund loans). Any residual balances outstanding between the
governmental activities and business-type activities are reported in the government-wide financial statements as
interfund balances.
7.2.b
Packet Pg. 109 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
City of Gilroy
Notes to the Basic Financial Statements (Continued)
For the Year Ended June 30, 2020
52
Note 1 Summary of Significant Accounting Policies (Continued)
E. Accounts and Due from Other Governments
All accounts and due from other governments are shown net of any allowance for uncollectible accounts, if
applicable, and estimated refunds due.
F. Notes and Loans Receivable
The accompanying financial statements reflect the recording of certain loans receivable that represent loans
made to various parties for homebuyer and rehabilitation loan programs. Where reasonably estimable, an
allowance for doubtful accounts has been recorded to reflect managements best estimate of probable losses
associated with nonrepayment. An estimate of any additional potential losses associated with nonrepayment
cannot be reasonably estimated at this time.
G. Inventories
Inventories are stated at cost using the first-in, first-out (FIFO) method. Inventories recorded in governmental
funds are recorded as an expenditure when used (consumption method). Inventory balances represent expendable
supplies held for consumption. Reported expenditures reflecting the purchase of supplies have been restated to
reflect the consumption method of recognizing inventory-related expenditures. Nonspendable fund balance has
been reported in the governmental funds fund financial statements to show that inventories do not constitute
available spendable resources, even though they are a component of fund balance.
H. Land Held for Resale
Land held for resale represents land, structures, and their related improvements acquired for resale in accordance
with the objective of the Redevelopment Project. Land held for resale is valued at the lower of cost or the
estimated realizable value determined at the date a disposition and development agreement is executed.
I. Capital Assets
Capital assets are recorded at cost where historical records are available and at an estimated historical cost where
no historical records exist. Contributed capital assets are valued at acquisition value at the date of the
contribution. Generally, capital asset purchases in excess of $10,000 are capitalized if they have an expected
useful life of more than one year. Capital assets include all public domain (infrastructure) assets consisting of
certain improvements including roads, streets, sidewalks, medians and storm drains.
The following schedule summarizes capital asset useful lives:
Buildings 40 years
Utility lines 50 years
Machinery and equipment 5 - 25 years
Furniture and fixtures 10 - 20 years
Vehicles 8 years
Infrastructure 5 - 50 years
Water wells and pumps 70 years
Depreciation has been provided using the straight-line method over the estimated useful life of the asset in the
government-wide financial statements and in the fund financial statements of the proprietary funds.
7.2.b
Packet Pg. 110 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
City of Gilroy
Notes to the Basic Financial Statements (Continued)
For the Year Ended June 30, 2020
53
Note 1 Summary of Significant Accounting Policies (Continued)
J. Deferred Outflows/Inflows of Resources
The statement of financial position reports separate sections for deferred outflows of resources and deferred
inflows of resources, when applicable.
Deferred Outflows of Resources represent outflows of resources (consumption of net position) that apply to
future periods and that, therefore, will not be recognized as an expense until that time. The City reports
pension contribution after measurement date and deferred loss related to pension, OPEB, debt refunding in
this category.
Deferred Inflows of Resources represent inflows of resources (acquisition of net position) that apply to future
periods and that, therefore, are not recognized as revenue until that time. The City reports unavailable
revenues and deferred gain related to pension and OPEB in this category.
K. Interest Payable
In the government-wide financial statements, interest payable on long-term debt is recognized as the liability is
incurred for governmental activities and business-type activities. In the fund financial statements, only
proprietary fund and private-purpose trust fund types recognize the interest payable when the liability is incurred.
L. Unearned Revenue
Unearned revenue is reported for transactions for which revenue has not yet been earned. Typical transactions
recorded as unearned revenues are prepaid charges for services.
M. Compensated Absences
All full-time employees accumulate vacation benefits in varying annual amounts. Sick leave benefits accrue at
the rate of one day per month for all full-time employees (except fire shift employees who accrue 12 hours of
sick leave per month) regardless of their length of service to the City. Upon termination or retirement, employees
are paid for all unused vacation time and overtime. No cash payment is made for unused sick leave upon
termination or retirement.
A liability is recorded for unused vacation and similar compensatory leave balances since the employees
entitlement to these balances are attributable to services already rendered and it is probable that virtually all of
these balances will be liquidated by either paid time off or payments upon termination or retirement.
If material, a proprietary fund liability is accrued for all leave benefits relating to the operations of the
proprietary funds. A current liability is accrued in the governmental funds for material leave benefits due on
demand to governmental fund employees that have terminated prior to year-end. All other amounts are recorded
in the government-wide financial statements. These noncurrent amounts will be recorded as fund expenditures in
the year in which they are paid or become due.
7.2.b
Packet Pg. 111 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
City of Gilroy
Notes to the Basic Financial Statements (Continued)
For the Year Ended June 30, 2020
54
Note 1 Summary of Significant Accounting Policies (Continued)
N. Net Pension Liability
For purposes of measuring the net pension liability, deferred outflows and inflows of resources related to
pensions, and pension expense, information about the fiduciary net position and additions to/deductions from the
fiduciary net position have been determined on the same basis as they are reported by the CalPERS Financial
Office. For this purpose, benefit payments (including refunds of employee contributions) are recognized when
currently due and payable in accordance with the benefit terms. Investments are reported at fair value.
The following timeframes are used for pension reporting:
Valuation Date June 30, 2018
Measurement Date June 30, 2019
Measurement Period July 1, 2018 to June 30, 2019
Gains and losses related to changes in total pension liability and fiduciary net position are recognized in pension
expense systematically over time. The first amortized amounts are recognized in pension expense for the year the
gain or loss occurs. The remaining amounts are categorized as deferred outflows and deferred inflows of
resources related to pensions and are to be recognized in future pension expense. The amortization period differs
depending on the source of the gain or loss. The difference between projected and actual earnings is amortized
straight-line over 5 years. All other amounts are amortized straight-line over the average expected remaining
service lives of all members that are provided with benefits (active, inactive, and retired) as of the beginning of
the measurement period.
O. Other Postemployment Benefits Liability
For purposes of measuring the OPEB liability, deferred outflows of resources and deferred inflows of resources
related to OPEB and OPEB expense, information about the City's OPEB plan have been determined by an
independent actuary. For this purpose, benefit payments are recognized when currently due and payable in
accordance with the benefit terms.
Generally accepted accounting principles require that the reported results must pertain to liability and asset
information within certain defined timeframes. For this report, the following timeframes are used:
Valuation Date June 30, 2019
Measurement Date June 30, 2019
Measurement Period July 1, 2018 to June 30, 2019
P. Claims Payable
The City records a liability for litigation, judgments and claims when it is probable that an asset has been
impaired or a liability has been incurred prior to year-end and the probable amount of loss (net of any insurance
coverage) can be reasonably estimated. This liability is recorded in the internal service fund that accounts for the
Citys self-insurance activity.
7.2.b
Packet Pg. 112 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
City of Gilroy
Notes to the Basic Financial Statements (Continued)
For the Year Ended June 30, 2020
55
Note 1 Summary of Significant Accounting Policies (Continued)
Q. Net Position
In the government-wide financial statements and proprietary fund financial statements, net position is classified as
follows:
Net Investment in Capital Assets This component of net position consists of capital assets, net of
accumulated depreciation and related deferred charges on refunding, reduced by the outstanding balances of
debt that are attributable to the acquisition, construction, or improvement of those items, net of unspent debt
proceeds.
Restricted This component of net position consists of restricted assets reduced by liabilities and deferred
inflows of resources related to those assets. Separate line items are used to distinguish among major
categories of restrictions and are further displayed as expendable or nonexpendable based on the nature of
the restriction.
Unrestricted This component of net position is the amount of the assets, deferred outflows of resources,
liabilities, and deferred inflows of resources that are not included in the determination of net investment in
capital assets or the restricted component of net position.
R. Fund Balances
In the governmental fund financial statements, fund balances are classified as follows:
Nonspendable fund balance includes amounts that cannot be spent because they are either (a) not in
spendable form or (b) legally or contractually required to be maintained intact. The Citys nonspendable
fund balance represents inventory, prepaid expenses, land held for resale, and loans receivable unless the
proceeds from the collection of those loans receivable or from sale of the properties is restricted, committed,
or assigned.
Restricted fund balance includes resources that are subject to externally enforceable legal restrictions. It
includes amounts that can be spent only for the specific purposes stipulated by constitution, external resource
providers, or through enabling legislation.
Committed fund balance includes amounts that can be used only for the specific purposes determined by a
formal action of the Citys highest level of decision-making authority. The City Council, as the Citys
highest level of decision-making authority, may commit, through a resolution, fund balance for specific
purposes pursuant to constraints imposed by such formal actions taken. Committed amounts cannot be used
for any other purpose unless the City Council removes or changes the specific use through the same type of
formal action taken to establish the commitment.
Assigned fund balance consists of funds that are set aside for specific purposes by the Citys highest level of
decision-making authority or a body or official that has been given the authority to assign funds. The City
has not adopted a policy on the authority to assign amounts for specific purposes.
Unassigned fund balance is the residual classification for the Citys fund balance and includes all spendable
amounts not contained in the other classifications. This category also provides the resources necessary to
meet unexpected expenditures and revenue shortfalls. The General Fund is the only fund that reports a
positive unassigned fund balance amount. In other governmental funds, it is not appropriate to report a
positive unassigned fund balance amount. However, in governmental funds other than General Fund, if
expenditures incurred for specific purposes exceed the amounts that are restricted, committed or assigned to
those purposes, it may be necessary to report a negative unassigned fund balance in that fund.
7.2.b
Packet Pg. 113 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
City of Gilroy
Notes to the Basic Financial Statements (Continued)
For the Year Ended June 30, 2020
56
Note 1 Summary of Significant Accounting Policies (Continued)
S. Spending Policy
Government-Wide Financial Statements and the Proprietary Fund Financial Statements
When expenses are incurred for purposes for which both restricted and unrestricted components of net position
are available, the Citys policy is to apply the restricted component of net position first, then the unrestricted
component of net position as needed.
Governmental Fund Financial Statements
When expenditures are incurred for purposes for which both restricted and unrestricted fund balances are
available, the Citys policy is to apply restricted fund balances first, then unrestricted fund balances as needed.
When expenditures are incurred for purposes where only unrestricted fund balances are available, the City uses
the unrestricted resources in the following order, except for instances wherein an ordinance specifies the fund
balance:
Committed
Assigned
Unassigned
T. Property Taxes
Property taxes in the State of California are administered for all local agencies at the County level, and consist of
secured, unsecured and utility tax rolls. The following is a summary of major policies and practices relating to
property taxes:
Property Valuations - are established by the Assessor of the County of Santa Clara for the secured and
unsecured property tax rolls; the utility property tax roll is valued by the State Board of Equalization. Under
the provisions of Article XIIIA of the State Constitution (Proposition 13 adopted by the voters on
June 6, 1978), properties are assessed at 100% of full value. From this base of assessment, subsequent annual
increases in valuation are limited to a maximum of 2%. However, increases to full value are allowed for
property improvements or upon change in ownership. Personal property is excluded from these limitations
and is subject to annual reappraisal.
Tax Levies - are limited to 1% of full market value which results in a tax rate of $1.00 per $100 assessed
valuation, under the provisions of Proposition 13. Tax rates for voter-approved indebtedness are excluded from
this limitation.
Tax Levy Dates - are attached annually on March 1 preceding the fiscal year for which the taxes are levied.
The fiscal year begins July 1 and ends June 30 of the following year. Taxes are levied on both real and
unsecured personal property as it exists at that time. Liens against real estate, as well as the tax on personal
property, are not relieved by subsequent renewal or change in ownership.
Tax Collections - are the responsibility of the County Tax Collector. Taxes and assessments on secured and
utility rolls which constitute a lien against the property may be paid in two installments. The first is due on
November 1 of the fiscal year and is delinquent if not paid by December 10, and the second is due on March
1 of the fiscal year and is delinquent if not paid by April 10. Unsecured personal property taxes do not
constitute a lien against real property unless the taxes become delinquent. Payment must be made in one
installment, which is delinquent if not paid by August 31 of the fiscal year. Significant penalties are imposed
by the County for late payments.
7.2.b
Packet Pg. 114 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
City of Gilroy
Notes to the Basic Financial Statements (Continued)
For the Year Ended June 30, 2020
57
Note 1 Summary of Significant Accounting Policies (Continued)
T. Property Taxes (Continued)
Tax Levy Apportionments - Due to the nature of the City-wide maximum levy, it is not possible to identify
general purpose tax rates for specific entities. Under State legislation adopted subsequent to the passage of
Proposition 13, apportionments to local agencies are made by the County Auditor-Controller based primarily
on the ratio that each agency represented of the total City-wide levy for the three years prior to fiscal year
1979.
Property Tax Administration Fees - The State of California fiscal year 1990-91 Budget Act authorized
counties to collect an administrative fee for collection and distribution of property taxes. Property taxes are
recorded as net of administrative fees withheld during the fiscal year.
U. Use of Estimates
The preparation of financial statements requires management to make certain estimates and assumptions that
affect the reported amounts of assets and liabilities, and disclosure of contingent assets and liabilities, at the date of
the financial statements, as well as the reported amounts of revenue and expenses during the reporting period.
Actual results could differ from those estimates.
V. Implementation of New GASB Pronouncements
During fiscal year ended June 30, 2020, the City has implemented the following new GASB Pronouncement:
GASB Statement No. 95 - In May 2020, GASB issued Statement No. 95, Postponement of the Effective Dates of
Certain Authoritative Guidance. The primary objective of this Statement is to provide temporary relief to
governments and other stakeholders in light of the COVID-19 pandemic. That objective is accomplished by
postponing the effective dates of certain provisions in Statements and Implementation Guides that first became
effective or are scheduled to become effective for periods beginning after June 15, 2018, and later. Application of
this statement is effective immediately and did not have a material effect on City's financial statements for the
fiscal year ending June 30, 2020.
Note 2 Stewardship, Compliance and Accountability
A. Encumbrances
Encumbrances are estimations of costs related to unperformed contracts for goods and services. These
commitments are recorded for budgetary control purposes in the General, Special Revenue, and similar
governmental funds. Encumbrances outstanding at fiscal year-end are reported as committed or assigned fund
balance. They represent the estimated amount of the expenditure ultimately to result if unperformed contracts in-
process at fiscal year-end are completed. They do not constitute expenditures or estimated liabilities. There were
no significant amounts of encumbrances outstanding as of June 30, 2020.
B. Continuing Appropriations
The unexpended and unencumbered appropriations that are available and recommended for continuation are
approved by the City Council for carryover to the following fiscal year. These commitments are reported as
committed or assigned fund balance.
7.2.b
Packet Pg. 115 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
City of Gilroy
Notes to the Basic Financial Statements (Continued)
For the Year Ended June 30, 2020
58
Note 2 Stewardship, Compliance and Accountability (Continued)
C. Deficit Fund Balances/Net Position
The following funds contained a deficit fund balance/net position as of June 30, 2020:
Funds Amount
Major Capital Projects Fund:
Public Facilities Impact Fund (6,358,684)$
Nonmajor Governmental Funds:
Capital Projects Fund:
Bank Interest (54)
Debt Service Fund:
Lease Revenue Bond 2020A (21,900)
In the Government-Wide Financial Statements, the City had a deficit unrestricted net position at June 30, 2020
for its governmental activities of $ (42,674,183) of which, $(73,684,672) and $(12,056,601) were attributed to
aggregate net pension liabilities and net other postemployment benefits liability, respectively.
D. Excess of Expenditure Over Appropriations
The following funds contained excess of expenditures over final appropriations for the year ended June 30, 2020:
Final
Funds Appropriations Expenditures Excess
General Fund:
General government 5,824,947$ 6,200,542$ (375,595)$
Public Facilities Impact Capital
Projects Fund:
Debt service:
Interest and fiscal charges 58,715 102,559 (43,844)
Gilroy Community Library Debt
Service Fund:
General government 5,200 129,296 (124,096)
Debt service:
Principal retirement 865,000 1,090,630 (225,630)
Nonmajor Funds:
Special Revenue Funds:
Gas Tax Fund
Community development 1,535,471 2,757,438 (1,221,967)
Prop 172 Sales Tax Fund
Public safety 292,693 293,128 (435)
Capital Projects Funds:
Water Development Fund
Community development 447,806 507,085 (59,279)
7.2.b
Packet Pg. 116 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
City of Gilroy
Notes to the Basic Financial Statements (Continued)
For the Year Ended June 30, 2020
59
Note 3 Cash and Investments
The City maintains a cash and investment pool, which includes cash balances and authorized investments of all
funds.
Statement of
Governmental Business-type Discretely Fiduciary
Activities Activities Presented Net Position Total
Cash and investments 90,642,564$ 41,858,353$ 9,935,264$ 4,418,961$ 146,855,142$
Cash and investment with fiscal agent 4,697,482 2,665,006 - 291,501 7,653,989
Total cash and investments 95,340,046$ 44,523,359$ 9,935,264$ 4,710,462$ 154,509,131$
Government-Wide Statement of Net Position
Cash and investment at June 30, 2020 consisted of the following:
Cash and cash equivalents:
Demand deposits 5,002,403$
Petty cash 4,955
Total cash and cash equivalents 5,007,358
Investments:
Local Agency Investment Fund 141,847,784
Investments with Fiscal Agent:
Investment Agreement 4,365,606
Money Market Mutual Fund 3,288,383
Total investments 149,501,773
Total cash and investments 154,509,131$
A. Demand Deposits
The carrying amount of the Citys demand deposits were $5,002,403 at June 30, 2020. Bank balances before
reconciling items were $5,343,165 at that date, the total amount of which was insured or collateralized with
securities held by the pledging financial institutions in the Citys name as discussed below.
The California Government Code requires California banks and savings and loan associations to secure the
Citys cash deposits by pledging securities as collateral. This Code states that collateral pledged in this manner
shall have the effect of perfecting a security interest in such collateral superior to those of a general creditor.
Thus, collateral for cash deposits is considered to be held in the City's name.
The market value of pledged securities must equal at least 110% of the City's cash deposits. California law also
allows institutions to secure City deposits by pledging first trust deed mortgage notes having a value of 150% of
the Citys total cash deposits. The City may waive collateral requirements for cash deposits, which are fully
insured up to $250,000 by the Federal Deposit Insurance Corporation (FDIC). The City, however, has not
waived the collateralization requirements.
7.2.b
Packet Pg. 117 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
City of Gilroy
Notes to the Basic Financial Statements (Continued)
For the Year Ended June 30, 2020
60
Note 3 Cash and Investments (Continued)
B. Investments Authorized by the California Government Code and the City's Investment Policy
The table below identifies the investment types that are authorized by the City's investment policy and the
California Government Code. The table also identifies certain provisions of the California Government Code (or
the City's investment policy, if more restrictive) that address interest rate risk, credit risk, and concentration of
credit risk. This table does not address investments of debt proceeds held by bond trustee that are governed by
the provisions of debt agreements of the City, rather than the general provisions of the California Government
Code or the City's investment policy.
Maximum Maximum
Maximum Percentage of Investment in One
Authorized Investment Type Maturity Portfolio Issuer
Local Agency Investment Fund (LAIF) N/A None None
U.S. Government Sponsored Agency Securities N/A None None
Insured Certificate of Deposit (CD's) N/A 15% $250,000
Banker's Acceptances N/A 15% None
Commercial Paper N/A 10% None
Passbook Savings or Money Market Demand Deposits N/A None None
Money Market Mutual Funds N/A 5% None
Liquidity:
*Securities or bonds purchased under a prior investment policy may be held or sold but additional purchases shall not be made.
N/A- Not applicable
C. Fair Value Measurements
At June 30, 2020, investments are reported at fair value. The following table presents the fair value measurement
of investments on a recurring basis and the levels within GASB 72 fair value hierarchy in which the fair value
measurements fall at June 30, 2020:
Observable Unobservable
Input Input
Primary Government Total Level 2 Level 3 N/A
Local Agency Investment Fund 141,847,784$ -$ -$ 141,847,784$
Investment Agreement 4,365,606 - 4,365,606 -
Money Market Mutual Funds 3,288,383 3,288,383 - -
Total Leveled Investments 149,501,773$ 3,288,383$ 4,365,606$ 141,847,784$
7.2.b
Packet Pg. 118 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
City of Gilroy
Notes to the Basic Financial Statements (Continued)
For the Year Ended June 30, 2020
61
Note 3 Cash and Investments (Continued)
D. Disclosures Relating to Interest Rate Risk
Interest rate risk is the risk that changes in market interest rates will adversely affect the fair value of an
investment. Generally, the longer the maturity of an investment, the greater the sensitivity of its fair value to
changes in market interest rates. One of the ways that the City manages its exposure to interest rate risk is by
purchasing a combination of shorter term and longer-term investments and by timing cash flows from maturities
so that a portion of the portfolio is maturing or coming close to maturity evenly over time as necessary to provide
the cash flow and liquidity needed for operations. Information about the sensitivity of the fair values of the City's
investments to market interest rate fluctuations is as follows:
12 Months More than
Investment Type Total or less 25-36 60 Months
Local Agency Investment Fund 141,847,784$ 141,847,784$ -$ -$
Investment Agreement 4,365,606 - 2,621,000 1,744,606
Money Market Mutual Funds 3,288,383 3,288,383 - -
Total 149,501,773$ 145,136,167$ 2,621,000$ 1,744,606$
Remaining Maturity (in Months)
E. Disclosures Relating to Credit Risk
Generally, credit risk is the risk that an issuer of an investment will not fulfill its obligation to the holder of the
investment. This is measured by the assignment of a rating by a nationally recognized statistical rating
organization. Presented below is the minimum rating required by (where applicable) the California Government
Code, the Citys investment policy or debt agreements, and the actual rating by Standard & Poors as of year-end
for each investment type.
Minimum
Legal
Investment Type Total Rating
Local Agency Investment Fund 141,847,784$ N/A
Investment Agreement 4,365,606 A1
Money Market Mutual Funds 3,288,383 N/A
Total 149,501,773$
F. Concentration of Credit Risk
The investment policy of the City contains no limitations on the amount that can be invested in any one issuer
beyond that stipulated by the California Government Code. There are no investments in any one issuer (other
than U.S. Treasury securities, mutual funds and external investment pools) that represent 5% or more of total City
investments.
7.2.b
Packet Pg. 119 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
City of Gilroy
Notes to the Basic Financial Statements (Continued)
For the Year Ended June 30, 2020
62
Note 3 Cash and Investments (Continued)
G. Custodial Credit Risk
Custodial credit risk for deposits is the risk that, in the event of the failure of a depository financial institution, a
government will not be able to recover its deposits or will not be able to recover collateral securities that are in
the possession of an outside party.
The custodial credit risk for investments is the risk that, in the event of the failure of the counterparty (e.g., broker-
dealer) to a transaction, a government will not be able to recover the value of its investment or collateral
securities that are in the possession of another party. The California Government Code and the Citys investment
policy do not contain legal or policy requirements that would limit the exposure to custodial credit risk for
deposits or investments, other than the following provision for deposits: The California Government Code
requires that a financial institution secure deposits made by state or local governmental units by pledging
securities in an undivided collateral pool held by a depository regulated under state law (unless so waived by the
governmental unit). The market value of the pledged securities in the collateral pool must equal at least 110% of
the total amount deposited by the public agencies. California law also allows financial institutions to secure City
deposits by pledging first trust deed mortgage notes having a value of 150% of the secured public deposits.
For investments identified herein as held by fiscal agent, the trustee selects the investment under the terms of the
applicable trust agreement, acquires the investment and holds the investment on behalf of the reporting
government.
H. Investment in State Investment Pool
The City is a voluntary participant in the Local Agency Investment Fund (LAIF) that is regulated by California
Government Code Section 16429 under the oversight of the Treasurer of the State of California. The fair value of
the Citys investment in this pool is reported in the accompanying financial statements at amounts based upon the
Citys pro-rata share of the fair value provided by LAIF for the entire LAIF portfolio (in relation to the amortized
cost of that portfolio).
The balance available for withdrawal is based on the accounting records maintained by LAIF, which are recorded
on an amortized cost basis. The City investments in LAIF at June 30, 2020 included a portion of pool funds
invested in Structured Notes and Asset-Backed Securities.
Structured Notes: debt securities (other than asset-backed securities) whose cash flow characteristics (coupon
rate, redemption amount, or stated maturity) depend upon one or more indices and/or that have embedded
forwards or options.
Asset-Backed Securities: generally, mortgage-backed securities that entitle their purchasers to receive a share
of the cash flows from a pool of assets such as principal and interest repayments from a pool of mortgages
(for example, Collateralized Mortgage Obligations) or credit card receivables.
As of June 30, 2020, the City had $141,847,784 invested in LAIF, which had invested 3.37% of the pool
investment funds in Structured Notes and Asset-Backed Securities.
7.2.b
Packet Pg. 120 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
City of Gilroy
Notes to the Basic Financial Statements (Continued)
For the Year Ended June 30, 2020
63
Note 4 Interfund Transactions
A. Due to/from Other Funds
The following is a summary of due to and due from other funds as of June 30, 2020:
Due From Other
Funds
Due To Other Funds General Fund Total
Nonmajor Governmental Funds 470,965$ 470,965$
Total 470,965$ 470,965$
These short-term borrowings were made to cover cash deficits at June 30, 2020.
B. Advances to/from Other funds
The following is a summary of advances to and from other funds as of June 30, 2020:
Advances to Other Funds
Nonmajor
Governmental
Funds
Internal Service
Fund Total
Public Facilities Impact Capital Projects Fund 2,758,836$ 4,238,531$ 6,997,367$
2,758,836$ 4,238,531$ 6,997,367$
Advances from Other Funds
In February 2008, the City purchased the Gilroy Gardens Property (Property), which includes a horticultural
education and theme park, for approximately $13.7 million. At the same time, the City entered into a single
tenant lease of the Property with the seller, Gilroy Gardens Family Theme Park, Inc. To fund the acquisition, the
Public Facilities Fund (Fund 440) borrowed from certain funds. The borrowings are accounted for as interfund
loans for a period of twenty years and are reflected as balance sheet activity in accordance with GAAP. In
addition, the annual budget reflects the loan activity through revenue and expenditure transactions. The interfund
loans bear interest at the Citys annual average portfolio yield. The borrowing funds and their respective original
loan amounts are as follows: Storm Drains Fund (Fund 420, $1.2 million), the Sewer Development Fund (Fund
435, $5.0 million), the Fleet Services Fund (Fund 600, $4.3 million), the Equipment Outlay Fund (Fund 605,
$2.2 million) and the Water Fund (Fund 720, $1.0 million). As of June 30, 2017, the Water Fund loan has been
paid off.
7.2.b
Packet Pg. 121 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
City of Gilroy
Notes to the Basic Financial Statements (Continued)
For the Year Ended June 30, 2020
64
Note 4 Interfund Transactions (Continued)
C. Transfers
During the year ended June 30, 2020, the City had the following transfers:
Public Facilities Nonmajor Sewer Water
Impact Capital Governmental Enterprise Enterprise
Transfers In General Fund1 Projects Fund2 Funds3 Fund4 Fund4 Total
General Fund -$ -$ 193,780$ -$ 45,730$ 239,510$
Public Facilities Impact Capital Projects Fund 40,762 - - - - 40,762
Nonmajor Governmental Funds 4,905,991 3,594,976 156,745 - - 8,657,712
Sewer Enterprise Fund - - 693,577 - - 693,577
Internal Service Fund 3,319,000 - 1,166 100,000 100,000 3,520,166
Total 8,265,753$ 3,594,976$ 1,045,268$ 100,000$ 145,730$ 13,151,727$
Transfers Out
1General Fund support of certain capital projects, safety related grants, and fleet and facility services.
2Public Facilities Impact Capital Projects Fund supports various debt instruments.
3Other Governmental Funds support of grant personnel costs and sewer development project costs.
4Enterprise Fund transfers to the Internal Service Funds and the General Fund to support fringe benefit costs and subsidize
environmental costs.
D. Due to/from Component Unit
The following is a summary of due to and from component unit as of June 30, 2020:
Due from
component unit
Due to component unit South Regional
Wastewater
Authority
Nonmajor Governmental Funds 426,788$
Sewer Enterprise Fund 149,657
576,445$
The due from primary government of $576,445 consists of $426,788 and $149,657 due from Sewer Development
Special Revenue Fund and Sewer Enterprise, respectively, for capital costs.
7.2.b
Packet Pg. 122 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
City of Gilroy
Notes to the Basic Financial Statements (Continued)
For the Year Ended June 30, 2020
65
Note 5 Capital Assets
Governmental Activities
The following is a summary of changes in capital assets for the governmental activities for the year ended
June 30, 2020:
Prior
Balance Period Balance
July 1, 2019 Adjustment Additions Deletions Reclassifications June 30, 2020
Capital assets not being depreciated:
Land 21,334,900$ -$ -$ -$ -$ 21,334,900$
Construction in progress 4,638,085 - 5,622,353 - (1,503,021) 8,757,417
Total capital assets not being depreciated 25,972,985 - 5,622,353 - (1,503,021) 30,092,317
Capital assets being depreciated:
Building and improvements 121,325,914 - - - - 121,325,914
Equipment and furniture 10,703,075 - 351,469 - - 11,054,544
IT equipment and software 2,871,105 - 25,646 - - 2,896,751
Vehicle 12,747,179 - 511,007 (18,690) - 13,239,496
Infrastructure 279,341,301 - 2,126,723 (281,464) 1,503,021 282,689,581
Total capital assets being depreciated 426,988,574 - 3,014,845 (300,154) 1,503,021 431,206,286
Less accumulated depreciation for:
Building and improvements (40,441,435) - (3,029,574) - - (43,471,009)
Equipment and furniture (7,847,230) - (466,952) - - (8,314,182)
IT equipment and software (2,443,731) - (137,216) - - (2,580,947)
Vehicle (8,402,697) - (522,643) 18,690 - (8,906,650)
Infrastructure (174,456,603) 414,240 (7,517,509) 281,464 - (181,278,408)
Total accumulated depreciation (233,591,696) 414,240 (11,673,894) 300,154 - (244,551,196)
Total capital assets being depreciated, net 193,396,878 414,240 (8,659,049) - 1,503,021 186,655,090
Total governmental activities 219,369,863$ 414,240$ (3,036,696)$ -$ -$ 216,747,407$
Depreciation expense was charged to functions/programs of governmental activities for the year ended June 30, 2020
as follows:
General government 860,545$
Public safety 1,246,873
Public works 1,168,162
Community services 7,681,963
Internal service fund 716,351
Total depreciation expense 11,673,894$
7.2.b
Packet Pg. 123 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
City of Gilroy
Notes to the Basic Financial Statements (Continued)
For the Year Ended June 30, 2020
66
Note 5 Capital Assets (Continued)
Business-Type Activities
The following is a summary of changes in capital assets for the business-type activities for the year ended
June 30, 2020:
Balance Balance
July 1, 2019 Additions Deletions June 30, 2020
Capital assets not being depreciated:
Construction in progress 5,795,301$ 1,807,810$ -$ 7,603,111$
Total capital assets not being depreciated 5,795,301 1,807,810 - 7,603,111
Capital assets being depreciated:
Land improvements 427,852 - - 427,852
Equipment and furniture 212,630 - - 212,630
Vehicles - 213,353 - 213,353
Infrastructure 149,807,922 1,079,111 - 150,887,033
Total capital assets being depreciated 150,448,404 1,292,464 - 151,740,868
Less accumulated depreciation for:
Land improvements (427,853) - - (427,853)
Equipment and furniture (191,421) (2,737) - (194,158)
Vehicles - (4,741) - (4,741)
Infrastructure (64,489,499) (2,820,647) - (67,310,146)
Total accumulated depreciation (65,108,773) (2,828,125) - (67,936,898)
Total capital assets being depreciated, net 85,339,631 (1,535,661) - 83,803,970
Total business-type activities 91,134,932$ 272,149$ -$ 91,407,081$
Depreciation expense was charged to the Sewer Maintenance Fund within business-type activities.
Sewer 1,502,987$
Water 1,325,138
Total depreciation expense 2,828,125$
7.2.b
Packet Pg. 124 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
City of Gilroy
Notes to the Basic Financial Statements (Continued)
For the Year Ended June 30, 2020
67
Note 5 Capital Assets (Continued)
Discretely Presented Component Unit
The following is a summary of changes in capital assets for the discretely presented component unit for the year
ended June 30, 2020:
Balance Balance
July 1, 2019 Additions Deletions Reclassifications June 30, 2020
Capital assets not being depreciated:
Land 13,396,202$ -$ -$ -$ 13,396,202$
Construction in progress 13,791,603 2,647,982 - (4,728,366) 11,711,219
Total capital assets not being depreciated 27,187,805 2,647,982 - (4,728,366) 25,107,421
Capital assets being depreciated:
Building and improvements 67,494,863 4,728,366 72,223,229
Land improvements 10,681,371 - - - 10,681,371
Equipment and furnitures 19,964,163 - - - 19,964,163
Vehicles 1,295,492 - - - 1,295,492
Infrastructure 35,618,048 31,269 - - 35,649,317
Total capital assets being depreciated 135,053,937 31,269 - 4,728,366 139,813,572
Less accumulated depreciation for:
Building and improvements (37,924,692) (1,595,406) - - (39,520,098)
Land improvements (5,527,237) (190,342) - - (5,717,579)
Equipment and furniture (6,147,129) (998,978) - - (7,146,107)
Vehicles (1,073,365) (34,760) - - (1,108,125)
Infrastructure (13,366,673) (1,639,300) - - (15,005,973)
Total accumulated depreciation (64,039,096) (4,458,786) - - (68,497,882)
Total capital assets being depreciated, net 71,014,841 (4,427,517) - 4,728,366 71,315,690
Total governmental activities 98,202,646$ (1,779,535)$ -$ -$ 96,423,111$
Note 6 Equity Investment in Discretely Presented Component Unit
The City of Gilroy and the City of Morgan Hill are members of a joint venture, South County Regional Wastewater
Authority, a discretely presented component unit (the DCU), of the City of Gilroy, that provides for the
construction, ownership, maintenance and operation of a domestic sewer treatment plant. The agreement provides for
the participants right to use the system. The participants are also obligated to share annual direct operating costs.
The City of Gilroy maintains the accounting records for the DCU. The City of Gilroys interest in equity investment in
DCU assets is reflected on the statement of net position of the Citys sewer enterprise fund as an equity investment
in component unit in the amount of $65,549,814 as required under the equity method of accounting for investments.
The financial statements of the joint venture can be obtained from the City of Gilroys finance department.
7.2.b
Packet Pg. 125 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
City of Gilroy
Notes to the Basic Financial Statements (Continued)
For the Year Ended June 30, 2020
68
Note 7 Deferred Compensation
The City maintains a deferred compensation plan under Section 457 of the Internal Revenue Code (IRC) for the
benefit of its employees. The plan allows the employees to defer or postpone the taxation of a designated amount of
earnings set aside for retirement.
The City has a fiduciary responsibility to safeguard the assets of the program and to ensure that the plan is properly
maintained by the plan administrator. Generally speaking, assets are available to participants only upon termination
of employment with the City, retirement, death or disability. The City has placed the plan assets into a trust for the
exclusive benefit of plan participants and their beneficiaries. Accordingly, all plan assets have been excluded from
the accompanying financial statements, except for those plan assets for which the City provides record keeping
services.
Note 8 Long-Term Liabilities
A. Governmental Activities
The following is a summary of changes in the Citys long-term liabilities for the fiscal year ended June 30, 2020:
Balance Balance Due within Due in more
July 1, 2019 Additions Deletions June 30, 2020 One Year than One Year
Governmental Activities:
Other Debt:
General Obligation Bonds:
Library 2010 Series 19,350,000$ -$ (19,350,000)$ -$ -$ -$
Refunding Lease Revenue Bonds:
2010 Series 18,450,000 - (895,000) 17,555,000 930,000 16,625,000
2013 Series 19,065,000 (910,000) 18,155,000 945,000 17,210,000
Unamortized premium 1,582,182 - (578,964) 1,003,218 - 1,003,218
Loan payable 948,011 - (90,582) 857,429 91,515 765,914
Direct borrowings and placement
General Obligation Bonds:
Library 2019A Series 8,633,538 - (290,960) 8,342,578 326,786 8,015,792
Library 2019B Series - 19,087,551 (799,670) 18,287,881 664,027 17,623,854
Total long-term debt 68,028,731 19,087,551 (22,915,176) 64,201,106 2,957,328 61,243,778
Other long-term liabilities
Claims payable 3,864,823 596,010 (838,388) 3,622,445 909,000 2,713,445
Compensated absences 1,723,517 2,060,575 (1,797,436) 1,986,656 230,000 1,756,656
Total long-term liabilities 73,617,071$ 21,744,136$ (25,551,000)$ 69,810,207$ 4,096,328$ 65,713,879$
Classification
7.2.b
Packet Pg. 126 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
City of Gilroy
Notes to the Basic Financial Statements (Continued)
For the Year Ended June 30, 2020
69
Note 8 Long-Term Liabilities (Continued)
A. Governmental Activities (Continued)
General Obligation Bonds (Gilroy Community Library Project) 2010 Series
On July 21, 2010, the City of Gilroy issued General Obligation Bonds 2010 Series, in the amount of
$23,500,000. The proceeds from the issue are being used to finance the acquisition, construction and
improvement of facilities for the public library within the City.
Interest on the bonds is payable semiannually on February 1 and August 1 of each year commencing on
February 1, 2011, and the Bonds mature on February 1, 2040. The bonds are payable solely from ad valorem
property taxes levied by the City and collected by the County. The principal balance outstanding of $19,350,000
was paid off during the year.
Refunding Lease Revenue Bonds (LRBs) 2010 Series
On July 27, 2010, the City of Gilroy refinanced its 2009 BANs and issued Refunding Revenue Bonds, in the
amount of $24,475,000. The proceeds from the issue were used to redeem the 2009 BANs.
Interest on the bonds is payable semiannually on May 1 and November 1 of each year commencing on
May 1, 2011, and the Bonds mature on November 1, 2033. The principal balance of outstanding bonds at
June 30, 2020 was $17,555,000. The reserve requirement on the bonds was $1,744,606, and the actual reserve
was $1,775,338.
The annual debt service requirements to maturity for the Refunding Lease Revenue Bonds 2010 Series are as
follows:
Year ending
June 30, Principal Interest Total
2021 930,000$ 810,706$ 1,740,706$
2022 965,000 775,219 1,740,219
2023 1,005,000 738,231 1,743,231
2024 1,045,000 697,231 1,742,231
2025 1,090,000 654,531 1,744,531
2026-2030 6,235,000 2,475,834 8,710,834
2031-2034 6,285,000 681,319 6,966,319
Total 17,555,000$ 6,833,071$ 24,388,071$
Refunding Lease Revenue Bonds (LRBs) 2013 Series
On July 25, 2013, the City of Gilroy refinanced its Bond Anticipation Notes (BANs) Gilroy 2010 and issued
Refunding Revenue Bonds, in the amount of $23,120,000. The proceeds from the issue were used to redeem the
2010 BANs.
Interest on the bonds is payable semiannually on May 1 and November 1 of each year commencing on
November 1, 2013, and the Bonds mature on November 1, 2033. The principal balance of outstanding bonds at
June 30, 2020 was $18,155,000.
The reserve requirement was $920,222, and the actual reserve was $922,096.
7.2.b
Packet Pg. 127 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
City of Gilroy
Notes to the Basic Financial Statements (Continued)
For the Year Ended June 30, 2020
70
Note 8 Long-Term Liabilities (Continued)
A. Governmental Activities (Continued)
Refunding Lease Revenue Bonds (LRBs) 2013 Series (Continued)
The annual debt service requirements to maturity for the Refunding Lease Revenue Bonds 2013 Series are as
follows:
Year ending
June 30, Principal Interest Total
2021 945,000$ 891,669$ 1,836,669$
2022 990,000 848,019 1,838,019
2023 1,035,000 805,156 1,840,156
2024 1,080,000 760,044 1,840,044
2025 1,130,000 710,444 1,840,444
2026-2030 6,440,000 2,751,278 9,191,278
2031-2034 6,535,000 813,750 7,348,750
Total 18,155,000$ 7,580,360$ 25,735,360$
Loan Payable
The City entered into a loan agreement with the California Energy Commission (CEC) to provide funds to install
equipment for energy conservation. The original loan agreement was for the CEC to loan the City $1,812,722
with interest paid at 1% with semiannual payments to be paid commencing December following the year the
project is complete. The City borrowed $1,201,155 with semiannual payments of interest and principal of
$49,931 with the first payment occurring on December 27, 2016. The principal balance of outstanding at
June 30, 2020 was $857,429.
The annual debt service requirements to maturity for the loans payable are as follows:
Year ending
June 30, Principal Interest Total
2021 91,515$ 8,347$ 99,862$
2022 92,433 7,429 99,862
2023 93,359 6,503 99,862
2024 94,281 5,581 99,862
2025 95,240 4,622 99,862
2026-2029 390,601 8,846 399,447
Total 857,429$ 41,328$ 898,757$
7.2.b
Packet Pg. 128 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
City of Gilroy
Notes to the Basic Financial Statements (Continued)
For the Year Ended June 30, 2020
71
Note 8 Long-Term Liabilities (Continued)
A. Governmental Activities (Continued)
General Obligation Bonds (Gilroy Community Library Project) 2019 Refunding Bonds, Series A
On June 26, 2019, the City of Gilroy issued General Obligation Refunding Bonds 2019 Series A through a
private placement, in the amount of $8,633,538. The proceeds from the issue were used to currently refund the
General Obligation Bonds Series 2019. The Citys refunding of the 2009 General Obligation Bonds resulted in an
economic gain of (difference between the present value of the old and new debt) of $1,447,576 and an aggregate
savings in debt services between the refunding debt and the refunded debt of $1,966,116.
Interest on the bonds is payable semiannually on February 1 and August 1 of each year commencing on
February 1, 2011, and the Bonds mature on February 1, 2039. The bonds are payable solely from ad valorem
property taxes levied by the City and collected by the County. The principal balance of outstanding bonds at
June 30, 2020 was $8,342,578.
The annual debt service requirements to maturity for the General Obligation Refunding Bonds, 2019 Series A are
as follows:
Year ending
June 30, Principal Interest Total
2021 326,786$ 260,288$ 587,074$
2022 337,143 250,093 587,236
2023 347,829 239,574 587,403
2024 358,853 228,722 587,575
2025 370,226 217,525 587,751
2026-2030 2,034,760 906,863 2,941,623
2031-2035 2,378,312 568,671 2,946,983
2036-2039 2,188,669 173,379 2,362,048
Total 8,342,578$ 2,845,115$ 11,187,693$
General Obligation Bonds (Gilroy Community Library Project) 2019 Refunding Bonds, Series B
On November 1, 2019, the City of Gilroy issued General Obligation Refunding Bonds 2019 Series B through a
private placement, in the amount of $19,087,551. The proceeds from the issue were used to currently refund the
General Obligation Bonds Series 2019. The Citys refunding of the 2010 General Obligation Bonds resulted in an
economic gain of (difference between the present value of the old and new debt) of $3,430,633 and an aggregate
savings in debt services between the refunding debt and the refunded debt of $2,525,981.
Interest on the bonds is payable semiannually on February 1 and August 1 of each year commencing on
February 1, 2020, and the Bonds mature on February 1, 2040. The bonds are payable solely from ad valorem
property taxes levied by the City and collected by the County. The principal balance of outstanding bonds at
June 30, 2020 was $18,287,881.
7.2.b
Packet Pg. 129 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
City of Gilroy
Notes to the Basic Financial Statements (Continued)
For the Year Ended June 30, 2020
72
Note 8 Long-Term Liabilities (Continued)
A. Governmental Activities (Continued)
General Obligation Bonds (Gilroy Community Library Project) 2019 Refunding Bonds, Series B
(Continued)
The annual debt service requirements to maturity for the General Obligation Refunding Bonds, 2019 Series B are
as follows:
Year ending
June 30, Principal Interest Total
2021 664,027$ 583,383$ 1,247,410$
2022 685,553 562,201 1,247,754
2023 707,776 540,332 1,248,108
2024 730,720 517,754 1,248,474
2025 754,408 494,444 1,248,852
2026-2030 4,155,121 2,095,248 6,250,369
2031-2035 4,873,709 1,388,122 6,261,831
2036-2039 5,716,567 558,706 6,275,273
Total 18,287,881$ 6,740,190$ 25,028,071$
B. Business-Type Activities
Balance Balance Due within Due in more
July 1, 2019 Additions Deletions June 30, 2020 One Year than One Year
Other debt:
2010 Wastewater Revenue Bonds 9,230,000$ -$ (2,150,000)$ 7,080,000$ 2,260,000$ 4,820,000$
Unamortized premium 698,275 - (232,758) 465,517 - 465,517
9,928,275 - (2,382,758) 7,545,517 2,260,000 5,285,517
Other long-term liabilities
Compensated absences 186,750 279,504 (196,777) 269,477 27,000 242,477
10,115,025$ 279,504$ (2,579,535)$ 7,814,994$ 2,287,000$ 5,527,994$
Classification
2010 Wastewater Revenue Refunding Bonds
On March 1, 2010, the City issued revenue refunding bonds in the amount of $23,375,000. The bonds were issued
to refinance an existing installment payment obligation of the City. The City had originally structured the sewer
revenue bonds through its joint venture with Morgan Hill (South County Regional Wastewater Authority or
SCRWA). The structure consisted of a pledge of an installment sale from the City to SCRWA as the collateral
for the revenue bonds issued by SCRWA.
As part of the March 2010 refunding, the City issued the debt obligation, paid off the SCRWA bonds and now has
the new obligation in the sewer fund. There is no longer any outstanding debt on SCRWAs financial statements
for Gilroy. The Citys sewer enterprise fund now maintains an obligation to generate net revenues to pay its
outstanding obligation off over time without any responsibility or requirements from SCRWA.
The bonds are payable from the net revenues of the Citys Sewer Fund so pledged as security for the debt. Interest
on the bonds is payable at rates ranging from 3.0% to 5.0%. Principal payments range from $1,465,000 to
$2,440,000 payable on August 1 of each year beginning in 2011 and maturing in 2022. The principal balance of
outstanding bonds at June 30, 2020 was $7,080,000.
7.2.b
Packet Pg. 130 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
City of Gilroy
Notes to the Basic Financial Statements (Continued)
For the Year Ended June 30, 2020
73
Note 8 Long-Term Liabilities (Continued)
B. Business-Type Activities (Continued)
2010 Wastewater Revenue Refunding Bonds (Continued)
Covenants within the bonds require the City of Gilroy to, among other things, maintain insurance on the facility,
establish wastewater rates, exclusive of sewer development fees, which are sufficient to pay the operating costs
and debt service on the bonds and to provide revenues equal to at least 1.2 times the annual payments due.
The reserve requirement was $2,621,000, and the actual reserve was $2,621,011.
The annual debt service requirements (principal and interest) to maturity for the 2010 Wastewater Revenue
Refunding Bonds are as follows:
Year ending
June 30, Principal Interest Total
2021 2,260,000$ 297,500$ 2,557,500$
2022 2,380,000 181,500 2,561,500
2023 2,440,000 61,000 2,501,000
Total 7,080,000$ 540,000$ 7,620,000$
C. Debt without Government Commitment
Community Facilities District No. 2000-1, Highway 152, Special Tax Bonds
In December 2002, the City issued debt for and on behalf of Community Facilities District No. 2000-1 pursuant
to Mello-Roos Community Facilities Act of 1982, $7,185,000 of Special Tax Bonds to finance the costs
associated with the construction of public facilities for interchange improvements at State Highway 152 and U.S.
Highway 101 and for widening and improving of Highway 152. In September 2006, the City issued debt for and
on behalf of the Community Facilities District No. 2000-1 pursuant to Mello-Roos Community Facilities Act of
1982, $8,670,000 of Special Tax Bonds to finance the costs associated with the construction of public facilities
for interchange improvements at State Highway 152 and U.S. Highway 101 and for the widening and improving
of Highway 152.
These bonds (Series 2002 and 2001) were refunded in July 2018 with proceeds from the issuance in a private
placement of Community Facilities District No. 2000-1 (Highway 152) Special Tax Refunded Bonds, Series
2018 in the aggregate principal amount of $7,815,860. These bonds do not constitute a debt or obligation of the
City because they are payable solely from and secured by assets and revenues of other parties. The City is in no
way liable for repayment but is only acting as an agent for the property owners in collecting the assessments,
forwarding the collections to bondholders, and initiating foreclosure proceedings, if appropriate. The outstanding
principal balance as of June 30, 2020 was $7,212,008.
7.2.b
Packet Pg. 131 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
City of Gilroy
Notes to the Basic Financial Statements (Continued)
For the Year Ended June 30, 2020
74
Note 9 Defined Benefit Pension Plans (CalPERS)
A. Summary
The following is the summary of net pension liabilities and the related deferred outflow of resources and deferred
inflow of resources at June 30, 2020 and pension expenses for the year then ended:
Governmental Business-Type
Activities Sewer Water Activities Total
Deferred outflows of resources:
Pension contribution after measurement date:
Miscellaneous 2,323,645$ 678,946$ 641,772$ 1,320,718$ 3,644,363$
Safety 6,320,861 - - - 6,320,861
Total contribution after measurement date 8,644,506 678,946 641,772 1,320,718 9,965,224
Changes in assumptions:
Safety 2,728,320 - - - 2,728,320
Total changes in assumptions 2,728,320 - - - 2,728,320
Difference between expected and actual experience:
Miscellaneous 1,499,165$ 438,040$ 414,057$ 852,097$ 2,351,262
Total difference between expected and actual experience 1,499,165 438,040 414,057 852,097 2,351,262
Total deferred outflows of resources 12,871,991$ 1,116,986$ 1,055,829$ 2,172,815$ 15,044,806$
Aggregate net pension liabilities:
Miscellaneous 21,971,434$ 6,419,821$ 6,068,334$ 12,488,155$ 34,459,589$
Safety 51,713,238 - - - 51,713,238
Total aggregate net pension liabilities 73,684,672$ 6,419,821$ 6,068,334$ 12,488,155$ 86,172,827$
Deferred inflows of resources:
Changes in assumptions:
Miscellaneous 143,847$ 42,031$ 39,729$ 81,760$ 225,607$
Safety 316,799 - - - 316,799
Total changes in assumptions 460,646 42,031 39,729 81,760 542,406
Difference between expected and actual experience:
Safety 1,112,059 - - - 1,112,059
Total difference between expected and actual experience 1,112,059 - - - 1,112,059
Difference between projected and actual earnings on plan
investments:
Miscellaneous 352,382$ 102,962$ 97,326$ 200,288$ 552,670
Safety 570,213 - - - 570,213
Total difference between projected and actual earnings on plan
investments 922,595 102,962 97,326 200,288 1,122,883
Total deferred inflows of resources 2,495,300$ 144,993$ 137,055$ 282,048$ 2,777,348$
Pension expense:
Miscellaneous 4,214,347$ 1,231,388$ 1,163,969$ 2,395,357$ 6,609,704$
Safety 8,838,448 - - - 8,838,448
Total net pension expense 13,052,795$ 1,231,388$ 1,163,969$ 2,395,357$ 15,448,152$
7.2.b
Packet Pg. 132 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
City of Gilroy
Notes to the Basic Financial Statements (Continued)
For the Year Ended June 30, 2020
75
Note 9 Defined Benefit Pension Plans (CalPERS) (Continued)
B. General Information about the Pension Plans
Plan Descriptions
The City participates in the 2.5% at 55 (Miscellaneous Tier I), 2.0% at 62 (Miscellaneous Tier II PEPRA), 3.0%
at 50 (Police Safety Tier I), 2.0% at 50 (Police Safety Tier II), 2.7% at 57 (Police Safety Tier III PEPRA), 3% at
55 (Fire Safety Tier I), 2% at 55 (Fire Safety Tier II) and 2% at 57 (Fire Safety Tier III PEPRA) agent multiple-
employer defined benefit plans. The Citys defined benefit pension plans provide retirement and disability
benefits, annual cost-of-living adjustments and death benefits to plan members and beneficiaries. The Plans are
part of the Public Agency portion of the California Public Employees Retirement System (CalPERS), an agent
multiple-employer plan administered by CalPERS, which acts as a common investment and administrative agent
for participating public employers within the State of California. A menu of benefit provisions as well as other
requirements are established by state statutes within the Public Employees Retirement Law.
The City selects optional benefit provisions from the benefit menu by contract with CalPERS and adopts those
benefits through City ordinance. CalPERS issues a separate comprehensive annual financial report. Copies of
CalPERSs annual financial report may be obtained from the CalPERS Executive Office, 400 P Street,
Sacramento, CA 95814.
All full-time employees of the City are eligible to participate in the Plans. Part-time employees and temporary
employees who work an average of 20 hours per week and over 1,000 hours per year are also eligible to
participate. Upon 5 years of service, miscellaneous employees and public safety employees who retire at or after
age 50 are entitled to receive an annual retirement benefit.
The benefit is payable monthly for life, in an amount that varies from each Tier, of the employees single highest
years salary for each year of credited service. The Plans also provide death and disability benefits.
Benefits Provided
CalPERS provides service retirement and disability benefits, annual cost of living adjustments and death benefits
to plan members, who must be public employees and beneficiaries. Benefits are based on years of credited
service, equal to one year of full-time employment. Members with five years of total service are eligible to retire
at age 50 to 62 with statutorily reduced benefits. For employees hired into a plan with the 1.5% at 65 formula,
eligibility for service retirement is age 55 with at least five years of services. PEPRA miscellaneous members
become eligible for service retirement upon attainment of age 52 with at least five years of service. All members
are eligible for nonduty disability benefits after five years of service. The death benefit is one of the following:
the Basic Death Benefit, the 1957 Survivor Benefit or the Optional Settlement 2W Death Benefit.
Safety members can receive a special death benefit if the member dies while actively employed and the death is
job-related. Fire members may receive the alternate death benefit in lieu of the Basic Death Benefit or the 1957
Survivor Benefit if the member dies while actively employed and has at least 20 years of total CalPERS service.
The cost-of-living adjustments for each plan are applied as specified by the Public Employees Retirement Law.
7.2.b
Packet Pg. 133 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
City of Gilroy
Notes to the Basic Financial Statements (Continued)
For the Year Ended June 30, 2020
76
Note 9 Defined Benefit Pension Plans (CalPERS) (Continued)
B. General Information about the Pension Plans (Continued)
Benefits Provided (Continued)
The Plans provisions and benefits in effect at the measurement date of June 30, 2019 are summarized as
follows:
Hire date
Prior to
January 1, 2013
On or after
January 1, 2013
Benefit formula 2.5% @ 60 2% @ 62
Benefit vesting schedule 5 years of service 5 years of service
Benefit payments Monthly for life Monthly for life
Retirement age 50 52
Benefit per year of service, as a percentage of salary 2.0% to 3.0% 1.0% to 2.5%
Required employee contribution rates 8.000% 7.000%
Required contribution during measurement period 10.531% 10.531%
Miscellaneous
Hire Date
Prior to
January 5, 2011
Prior to
January 1, 2013
On or After
January 1, 2013
Benefit formula 3% @ 50 2% @ 57 2.7% @ 50
Benefit vesting schedule 3 years of service 3 years of service 3 years of service
Benefit payments Monthly for life Monthly for life Monthly for life
Retirement age 50-55 50-55 50-57
Benefit per year of service, as a percentage of salary 3.000% 2.00%-2.70% 2.00%-2.70%
Required employee contribution rates 9.000% 9.000% 13.000%
Required contribution during measurement period 19.471% 19.471% 8.250%
Safety - Police
Hire Date
Prior to
January 5, 2011
Prior to
January 1, 2013
On or After
January 1, 2013
Benefit formula 2% @ 55 2% @ 55 2% @ 50
Benefit vesting schedule 3 years of service 3 years of service 3 years of service
Benefit payments Monthly for life Monthly for life Monthly for life
Retirement age 50-55 50-55 50-57
Benefit per year of service, as a percentage of salary 2.4%-3.0% 1.426%-2.0% 1.426%-2.0%
Required employee contribution rates 9.000% 7.000% 8.250%
Required contribution during measurement period 19.471% 19.471% 8.250%
Safety - Fire
7.2.b
Packet Pg. 134 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
City of Gilroy
Notes to the Basic Financial Statements (Continued)
For the Year Ended June 30, 2020
77
Note 9 Defined Benefit Pension Plans (CalPERS) (Continued)
B. General Information about the Pension Plans (Continued)
Employees Covered
At the measurement date of June 30, 2019, the following employees were covered by the benefit terms for all
Plans:
Inactives currently receiving benefits 116
Inactives entitled to but not yet receiving benefits 30
Active employees 124
Total 270
Contributions
Section 20814(c) of the California Public Employees Retirement Law requires that the employer contribution
rates for all public employers are determined on an annual basis by the actuary and shall be effective on the July
1 following notice of a change in the rate. The total plan contributions are determined through CalPERSs annual
actuarial valuation process. The actuarially determined rate is the estimated amount necessary to finance the costs
of benefits earned by employees during the year, with an additional amount to finance any unfunded accrued
liability. The City is required to contribute the difference between the actuarially determined rate and the
contribution rate of employees. City contribution rates may change if plan contracts are amended. Payments
made by the employer to satisfy contribution requirements that are identified by the pension plan terms as plan
member contributions requirements are classified as plan member contributions.
C. Net Pension Liability
Actuarial Methods and Assumptions Used to Determine Total Pension Liability
The June 30, 2018 valuation was rolled forward to determine the June 30, 2019 total pension liability, based on
the following actuarial methods and assumptions:
Actuarial Cost Method
Actuarial Assumptions:
Discount Rate
Inflation
Salary Increases
Mortality Rate Table1
Post Retirement Benefit Increase
1The mortality table used was developed based on CalPERS-specific data. The probabilities of mortality are based on the 2017
CalPERS Experience Study for the period from 1997 to 2015. Pre-retirement and Post-retirement mortality rates include 15 years of
projected mortality improvement using 90% of Scale MP-2016 published by the Society of Actuaries. For more details on this table,
please refer to the CalPERS Experience Study and Review of Actuarial Assumptions report from December 2017 that can be found
on the CalPERS website.
Derived using CalPERS membership data for all funds.
The lesser of contract COLA or 2.50% until Purchasing Power
Protection Allowance floor on purchasing power applies, 2.50%
thereafter
Entry Age Normal in accordance with the requirement of GASB
Statement No. 68
7.15%
2.50%
Varies by Entry Age and Service
7.2.b
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City of Gilroy
Notes to the Basic Financial Statements (Continued)
For the Year Ended June 30, 2020
78
Note 9 Defined Benefit Pension Plans (CalPERS) (Continued)
C. Net Pension Liability (Continued)
Long-Term Expected Rate of Return
The long-term expected rate of return on pension plan investments was determined using a building-block
method in which expected future real rates of return (expected returns, net of pension plan investment expense
and inflation) are developed for each major asset class.
In determining the long-term expected rate of return, CalPERS took into account both short-term and long-term
market return expectations as well as the expected pension fund cash flows. Using historical returns of all the
funds asset classes, expected compound (geometric) returns were calculated over the short-term (first 10 years)
and the long-term (11+ years) using a building-block approach. Using the expected nominal returns for both
short-term and long-term, the present value of benefits was calculated for each fund. The expected rate of return
was set by calculating the rounded single equivalent expected return that arrived at the same present value of
benefits for cash flows as the one calculated using both short-term and long-term returns. The expected rate of
return was then set equal to the single equivalent rate calculated above and adjusted to account for assumed
administrative expenses.
The expected real rates of return by asset class are as follows:
Current Target Real Return Real Return
Asset Class1 Allocation Years 1 - 102 Years 11+3
Global equity 50.00% 4.80% 5.98%
Fixed income 28.00% 1.00% 2.62%
Inflation assets 0.00% 0.77% 1.81%
Private equity 8.00% 6.30% 7.23%
Real assets 13.00% 3.75% 4.93%
Liquidity 1.00% 0.00% -0.92%
2 An expected inflation of 2.0% used
3 An expected inflation of 2.92% used
1 In the CalPER's CAFR, Fixed Income is included in Global Debt Securities; Liquidity is included in Short-term Investments;
Inflation Assets are included in both Global Equity Securities and Global Debt Securities.
Discount Rate
The discount rate used to measure the total pension liability was 7.15%. The projection of cash flows used to
determine the discount rate assumed that contributions from plan members will be made at the current member
contribution rates and that contributions from employers will be made at statutorily required rates, actuarially
determined. Based on those assumptions, the Plans fiduciary net position was projected to be available to make all
projected future benefit payments of current plan members. Therefore, the long-term expected rate of return on
plan investments was applied to all periods of projected benefit payments to determine the total pension liability.
Subsequent Events
There were no subsequent events that would materially affect the results in this disclosure.
7.2.b
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City of Gilroy
Notes to the Basic Financial Statements (Continued)
For the Year Ended June 30, 2020
79
Note 9 Defined Benefit Pension Plans (CalPERS) (Continued)
D. Changes in the Net Pension Liability
The following table shows the changes in net pension liability for the Citys miscellaneous plan recognized over
the measurement period.
Total Pension Plan Fiduciary Net Net Pension
Liability Position Liability/(Asset)
(a) (b) (c) = (a) - (b)
Balance at June 30, 2018 (Valuation Date) 109,153,967$ 78,451,278$ 30,702,689$
Changes Recognized for the Measurement Period:
Service Cost 2,218,281 - 2,218,281
Interest on the total pension liability 7,888,537 - 7,888,537
Changes of benefit terms - - -
Changes of assumptions - - -
Difference between expected and actual experience 3,067,906 - 3,067,906
Plan to plan resource movement - - -
Contributions from the employer - 3,254,181 (3,254,181)
Contributions from employees - 992,926 (992,926)
Net investment income - 5,226,520 (5,226,520)
Benefit payments, including refunds of employee
contributions (6,003,668) (6,003,668) -
Administrative expenses - (55,985) 55,985
Other Miscellaneous Income/(Expense) 182 (182)
Net Changes during July 1, 2018 to June 30, 2019 7,171,056 3,414,156 3,756,900
Balance at June 30, 2019 (Measurement Date) 116,325,023$ 81,865,434$ 34,459,589$
Miscellaneous Plan
Increase (Decrease)
Total Pension Plan Fiduciary Net Net Pension
Liability Position Liability/(Asset)
(a) (b) (c) = (a) - (b)
Balance at June 30, 2018 (Valuation Date) 164,393,053$ 113,500,016$ 50,893,037$
Changes Recognized for the Measurement Period:
Service Cost 4,001,654 - 4,001,654
Interest on the total pension liability 11,586,454 - 11,586,454
Changes of benefit terms - - -
Changes of assumptions - - -
Difference between expected and actual experience (560,783) - (560,783)
Plan to plan resource movement - - -
Contributions from the employer - 5,572,994 (5,572,994)
Contributions from employees - 1,245,565 (1,245,565)
Net investment income - 7,469,298 (7,469,298)
Benefit payments, including refunds of employee
contributions (7,569,570) (7,569,570) -
Administrative expenses - (80,996) 80,996
Other Miscellaneous Income/(Expense) 263 (263)
Net Changes during July 1, 2018 to June 30, 2019 7,457,755 6,637,554 820,201
Balance at June 30, 2019 (Measurement Date) 171,850,808$ 120,137,570$ 51,713,238$
Safety
Increase (Decrease)
7.2.b
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City of Gilroy
Notes to the Basic Financial Statements (Continued)
For the Year Ended June 30, 2020
80
Note 9 Defined Benefit Pension Plans (CalPERS) (Continued)
D. Changes in the Net Pension Liability (Continued)
Sensitivity of the Net Pension Liability to Changes in the Discount Rate
The following presents the net pension liability of the City for all Plans, calculated using the discount rate for
each Plan, as well as what the Citys net pension liability would be if it were calculated using a discount rate that
is one percentage point lower or one percentage point higher than the current rate:
Discount Rate Current Discount Discount Rate
- 1% (6.15%) Rate (7.15%) + 1% (8.15%)
Miscellaneous Plan 48,837,561$ 34,459,589$ 22,487,052$
Safety Plan 74,870,212$ 51,713,238$ 32,590,135$
Plan's Net Pension Liability/(Asset)
Pension Plans Fiduciary Net Position
Detailed information about each pension plans fiduciary net position is available in the separately issued
CalPERS financial reports.
E. Pension Expenses and Deferred Outflows/Inflows of Resources Related to Pensions
For the year ended June 30, 2020, the City recognized pension expense in the amounts of $6,609,704 and
$8,838,448 for the miscellaneous plan and safety plan, respectively.
As of measurement date of June 30, 2019, the City has deferred outflows and deferred inflows of resources
related to pensions as follows:
Deferred outflows Deferred inflows
of Resources of Resources
Contribution made after the measurement date 3,644,363$ -$
Changes of assumptions - (225,607)
Difference between expected and actual experience 2,351,262 -
Net difference between projected and actual earning on
pension plan investments - (552,670)
Total 5,995,625$ (778,277)$
Miscellaneous Plan
Deferred outflows Deferred inflows
of Resources of Resources
Contribution made after the measurement date 6,320,861$ -$
Changes of assumptions 2,728,320 (316,799)
Difference between expected and actual experience - (1,112,059)
Net difference between projected and actual earnings
on pension plan investments - (570,213)
Total 9,049,181$ (1,999,071)$
Safety Plan
7.2.b
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City of Gilroy
Notes to the Basic Financial Statements (Continued)
For the Year Ended June 30, 2020
81
Note 9 Defined Benefit Pension Plans (CalPERS) (Continued)
E. Pension Expenses and Deferred Outflows/Inflows of Resources Related to Pensions (Continued)
$3,644,363 reported in the Miscellaneous Plans and $6,320,861 reported in the Safety Plans as deferred outflows
of resources related to contributions subsequent to the measurement date will be recognized as a reduction of the
net pension liability in the year ending June 30, 2021. Other amounts reported as deferred outflows of resources
and deferred inflows of resources related to pensions will be recognized as pension expense as follows:
Measurement
Period Miscellaneous Safety
Ending June 30 Plan Plan
2020 1,584,654$ 1,756,242$
2021 79,838 (852,401)
2022 (151,232) (297,194)
2023 59,725 122,602
2024 - -
Thereafter - -
1,572,985$ 729,249$
of Resources
Deferred Outflows/(Inflows)
Note 10 Other Postemployment Healthcare Plan
Governmental Business-Type
Activities Sewer Water Activities Total Total
Deferred outflows of resources:
Employer contributions made
subsequent to the measurement date 413,652$ 39,608$ 47,469$ 87,077$ 500,729$
Changes of assumption 386,945 37,050 44,404 81,454 468,399
Total deferred outflows of resources 800,597$ 76,658$ 91,873$ 168,531$ 969,128$
Total OPEB liability 12,056,601$ 1,154,433$ 1,383,568$ 2,538,001$ 14,594,602$
Total OPEB liability 12,056,601$ 1,154,433$ 1,383,568$ 2,538,001$ 14,594,602$
Deferred inflows of Resources:
Change in assumption 1,130,105$ 108,209$ 129,686$ 237,895$ 1,368,000$
Difference between expected and actual experience 1,169,256 111,958 134,179 246,137 1,415,393
Total deferred inflows of resources 2,299,361$ 220,167$ 263,865$ 484,032$ 2,783,393$
OPEB Expense 648,154$ 62,062$ 74,380$ 136,442$ 784,596$
Business-Type Activities
Plan Description
The City of Gilroy Retiree Healthcare Plan (Plan) is a single-employer defined benefit healthcare plan administered
by the City. The plan provides healthcare benefits to eligible retirees and their dependents through the California
Public Employees Retirement System healthcare program (PEMHCA) and a post-employment retention/recognition
incentive benefit program (RRIB) which requires proof of medical coverage. Benefit provisions are established and
may be amended through agreements and memorandums of understanding between the City, its management
employees and unions representing City employees.
7.2.b
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City of Gilroy
Notes to the Basic Financial Statements (Continued)
For the Year Ended June 30, 2020
82
Note 10 Other Postemployment Healthcare Plan (Continued)
Plan Description (Continued)
For all retirees under the plan, the City contributes the PEMHCA minimum on the unequal method for eligible
retirees and surviving spouses. The PEMHCA minimum amount is $136 in 2019 and $139 in 2020. No dental, vision
or life insurance benefits are provided.
The RRIB incentive benefit is for certain bargaining units retirees that retired prior to July 1, 2014 (police and fire
employees), July 1, 2015 (management employees) or November 1, 2015 (AFSCME, miscellaneous employees).
Prior employees that retired and were fifty (50) or more years of age (police and fire employees) or fifty-five (55) or
more years of age (AFSCME and management employees) and previously retired from City service with a minimum
of fifteen (15) years of service with the City are eligible to receive this postretirement benefit until reaching the age
of sixty-five (65). Additional tiers of years of service were added to the plan to qualify for benefits. This
supplemental pension plan has been discontinued for new participants after the dates noted above. The City offers a
Health Reimbursement Plan (PEMHCA) for new retirees after the dates noted above.
The employer contribution under RRIB provides a temporary monthly annuity (to age 65) up to $300 per month
based on service at retirement to eligible retirees. All classes of employees are covered, if eligible.
No assets are accumulated in a trust that meets the criteria in paragraph 4 of GASB Statement 75. The plan does not
issue a separate report.
Employees Covered
At the measurement date of June 30, 2019, the following current and former employees were covered by the benefit
terms under the plan:
Active plan members 261
Retirees 215
Total 476
Total OPEB Liability
The Citys OPEB liability of $14,594,602 was measured as of June 30, 2019 and was determined by an actuarial
valuation as of June 30, 2019 rolled forward to 2020 using standard update procedures. The OPEB liability from the
governmental activities is primarily liquidated from the general fund.
7.2.b
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City of Gilroy
Notes to the Basic Financial Statements (Continued)
For the Year Ended June 30, 2020
83
Note 10 Other Postemployment Healthcare Plan (Continued)
Actuarial Assumptions and Other Inputs
The total OPEB liability as of June 30, 2019 actuarial valuation was determined using the following actuarial
assumptions and other inputs, applied to all periods included in the measurement, unless otherwise specified:
Actuarial Valuation Date June 30, 2019
Contribution Policy No pre-funding
Discount Rate 3.50% at June 30, 2019 (Bond Buyer 20-Bond
Inflation 2.75% annually
Salary Increase Aggregate - 3% annually, Merit - CalPERS 1997-
2015 Experience Study
Mortality, Retirement,
Termination, and
i bili
CalPERS 1997-2015 Experience Study
Mortality Improvement
Scale
Modified projected fully generational with Scale
MP-2019
Healthcare Trend Rate -
Non-Medicare
An annual healthcare cost trend rate of 7.25% for
2021, decreasing to an ultimate rate of 4.0% in
Healthcare Trend Rate -
Medicare
An annual healthcare cost trend rate of 6.3% for
2021, decreasing to an ultimate rate of 4.0% in
Changes in total OPEB Liability
The change in total OPEB liability are as follows:
Total OPEB
Liability
Balance at June 30, 2019 (Measurement Date) 14,934,000$
Changes Recognized for the Measurement Period:
Service Cost 697,310
Interest on the total OPEB liability 594,793
Difference between expected and actual experience (1,655,290)
Changes of assumptions 547,789
Benefit payments (524,000)
Net Changes during July 1, 2018 to June 30, 2019 (339,398)
Balance at June 30, 2019 (Measurement Date) 14,594,602$
Sensitivity of the Total OPEB Liability to Changes in the Discount Rate
The following presents the total OPEB liability of the City, calculated using the discount rate for the Plan, as well as
what the Citys total OPEB liability would be if it were calculated using a discount rate that is one percentage point
lower or one percentage point higher than the current rate:
Discount Rate - 1% Current Discount Discount Rate + 1%
Rate (2.50%) Rate (3.50%) Rate (4.50%)
16,858,633$ 14,594,602$ 12,772,720$
Plan's Total OPEB Liability
7.2.b
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City of Gilroy
Notes to the Basic Financial Statements (Continued)
For the Year Ended June 30, 2020
84
Note 10 Other Postemployment Healthcare Plan (Continued)
Sensitivity of the Total OPEB Liability to Changes in the Discount Rate (Continued)
The following presents the total OPEB liability of the City, as well as what the Citys total OPEB liability would be if
it were calculated using healthcare cost trend rates that are one percentage point lower or one percentage point higher)
than the current healthcare cost trend rates:
Healthcare Cost
-1% Trend Rates 1%
12,524,048$ 14,594,602$ 17,224,950$
Plan's Total OPEB Liability
OPEB Expense and Deferred Outflows/Inflows of Resources Related to OPEB
For the year ended June 30, 2020, the City recognized OPEB expense of $784,596. At June 30, 2020, the City reported
deferred outflows of resources and deferred inflows of resources related to OPEB from the following sources:
Deferred outflows Deferred inflows
of Resources of Resources
Difference between expected and actual experience -$ (1,415,393)$
Changes of assumptions 468,399 (1,368,000)
Employer contributions made
subsequent to the measurement date 500,729 -
Total 969,128$ (2,783,393)$
$500,729 reported as deferred outflows of resources related to contributions subsequent to the measurement date will
be recognized as a reduction of the OPEB liability in the year ending June 30, 2021. The change in assumptions was
due to the change in discount rate of 3.50% from 3.87% for the June 30, 2019 measurement date and is amortized
over the average expected remaining service lives.
Other amounts reported as deferred outflows of resources and deferred inflows of resources related to OPEB will be
recognized as OPEB expense as follows:
Measurement Period Deferred Outflows/
Ended June 30 (Inflows) of Resources
2021 (507,507)$
2022 (507,507)
2023 (507,507)
2024 (420,507)
2025 (227,507)
Thereafter (144,459)
(2,314,994)$
7.2.b
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City of Gilroy
Notes to the Basic Financial Statements (Continued)
For the Year Ended June 30, 2020
85
Note 11 Claims Payable
The workers compensation and general liability claims administrators have estimated liabilities for probable future
payments relating to claims outstanding as of June 30, 2020 in the following amounts which are recorded in separate
internal service funds:
Worker' compensation claims 2,932,396$
General liability claims 690,049
Total claims payable 3,622,445$
Although the eventual outcome of these claims is uncertain, in the opinion of management, the resolution of these
matters is not expected to have a material adverse effect on the financial condition of the City, beyond the provision
for losses reflected in the recorded claims payable liabilities.
Changes in claims payable for workers compensation for the past three fiscal years are as follows:
Current Year Amounts
Beginning Claims and End Amounts Due in
of Year Changes in Claim of Year Due within more than
Workers' Compensation Liability Estimates Payments Liability One Year One Year
2017-2018 2,991,505$ 485,364$ (588,389)$ 2,888,480$ 780,000$ 2,108,480$
2018-2019 2,888,480 1,433,203 (1,066,813) 3,254,870 879,000 2,375,870
2019-2020 3,254,870 70,329 (392,803) 2,932,396 792,000 2,140,396
Changes in claims payable for general liability for the past three fiscal years are as follows:
Beginning Claims and End Amounts Due in
of Year Changes in Claim of Year Due within more than
General Liability Liability Estimates Payments Liability One Year One Year
2017-2018 226,974$ 77,496$ (166,232)$ 138,238$ 24,000$ 114,238$
2018-2019 138,238 114,526 (642,811) (390,047) (66,000) (324,047)
2019-2020 609,953 525,681 (445,585) 690,049 117,000 573,049
Note 12 Risk Management
Bodily injury, property damage and public officials errors and omissions insurance is provided via participation in a
joint powers authority. Effective July 1, 2015, the City is a member of the Municipal Pooling Authority (MPA), a
joint powers authority established pursuant to California Government Code Sections 990.4-990.8 and 6500, et seq.
The pool has 20 member cities. The City is insured by the MPA for up to $29,000,000 per claim for liability
coverage, including $28,000,000 provided by an excess policy with the California Affiliated Risk Management
Authority, after a deductible of $50,000 which is paid by the City. Premiums paid by the participating members may
be retrospectively increased or decreased to reflect the actual operating costs of MPA and the Citys share of incurred
losses. The City is contingently liable for assessments which may be made by MPA in the event that MPA has
insufficient resources to pay unexpectedly large claims. Prior to July 1, 2015, the City was a member of the ABAG
Plan Corp. (ABAG Plan) insurance pool, a nonprofit public benefit corporation organized under Section 5110, et seq.
of the Corporations Code of California. ABAG Plan, now called PLAN JPA, coverage applies to occurrences/claims
prior to July 1, 2015. The City was operating under a five-year withdrawal agreement with PLAN JPA due to
unresolved claims that had not yet closed. During the fiscal year ended June 30, 2020, a final actuarial valuation was
completed as required by the Withdrawal Agreement and necessary equity has been returned to the City.
7.2.b
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City of Gilroy
Notes to the Basic Financial Statements (Continued)
For the Year Ended June 30, 2020
86
Note 12 Risk Management (Continued)
The City is self-insured for the first $500,000 of each workers compensation claim. The City belongs to the Local
Agency Workers Compensation Excess (LAWCX) joint powers authority, established pursuant to California
Government Code Sections 990.4-990.8 and 6500 et seq., for the purpose of workers compensation excess coverage.
LAWCX coverage is for individual workers compensation claims in excess of $500,000 up to $5,000,000. In
addition, additional excess coverage beyond $5,000,000 is purchased via California State Association of Counties
Excess Insurance Authority (CSAC EIA) bringing statutory coverage to $50,000,000.
Settled claims resulting from these risks have not exceeded commercial insurance coverage in any of the past three
fiscal years.
Note 13 Commitments and Contingencies
Under the terms of federal, county, and state grants, periodic audits are required and certain costs may be questioned
as not appropriate expenditures under the terms of the grants. Such audits could lead to reimbursements to the grantor
agencies. If expenditures were disallowed, the City believes such disallowances, if any, would be immaterial.
The City is a defendant in certain legal claims and actions arising from the normal course of operations. In the
opinion of management and legal counsel, such claims and actions will not have a material adverse effect on the
Citys financial position.
Gilroy Garlic Festival
On July 28, 2019, the Gilroy Garlic Festival, held at Christmas Hill Park, was the site of a mass shooting. The
gunman killed himself and three others and wounded 17 people. The Citys response costs have been submitted to
the California Governors Office of Emergency Services (Cal OES) for reimbursement consideration. The City may
incur additional financial impacts as a result of this tragedy. However, at this time, the extent of those impact is
unknown.
COVID-19
In December 2019, a novel strain of coronavirus has spread around the world resulting in business and social
disruption. The coronavirus was declared a Public Health Emergency of International Concern by the World Health
Organization on January 30, 2020. The operations and business results of the City could potentially be adversely
affected by this global pandemic. The extent to which the coronavirus may impact business activity or investment
results will depend on future developments, which are highly uncertain and cannot be predicted, including new
information which may emerge concerning the severity of the coronavirus and the actions required to contain the
coronavirus. The ultimate financial impact and duration cannot be estimated at this time.
7.2.b
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City of Gilroy
Notes to the Basic Financial Statements (Continued)
For the Year Ended June 30, 2020
87
Note 13 Commitments and Contingencies (Continued)
The City had the following commitments outstanding as of June 30, 2020:
Name of Project Spent-to-date
Remaining
Commitment
Citywide Sign Replacement -$ 289,060$
FY21 Citywide Pavement Maintenance 2,900,058
-$ 3,189,118$
Note 14 Classification of Fund Balances
Public Facilities Gilroy Community Nonmajor
Impact Capital Library Debt Governmental
General Projects Fund Service Fund Funds Total
Nonspendable:
Inventory of materials 108,338$ -$ -$ -$ 108,338$
Prepaid items 18,577 - - - 18,577
Land held for resale - - - 706,754 706,754
126,915 - - 706,754 833,669
Restricted:
Public safety - - - 560,033 560,033
Community library - - 1,138,516 5,229,657 6,368,173
Street maintenance - - - 6,499,937 6,499,937
Grant programs - - - 2,133,862 2,133,862
Housing - - - 2,807,898 2,807,898
Traffic impact - - - 13,414,069 13,414,069
Sewer development - - - 13,376,865 13,376,865
Water development - - - 4,656,240 4,656,240
Storm drains - - - 2,046,518 2,046,518
Community
development - - - 2,606,943 2,606,943
Debt service - - - 2,951,145 2,951,145
Subtotal - - 1,138,516 56,283,167 57,421,683
Assigned:
Capital projects - - - 5,368,008 5,368,008
Subtotal - - - 5,368,008 5,368,008
Unassigned (deficit) 14,731,555 (6,358,684) - (21,954) 8,350,917
Total 14,858,470$ (6,358,684)$ 1,138,516$ 62,335,975$ 71,974,277$
7.2.b
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City of Gilroy
Notes to the Basic Financial Statements (Continued)
For the Year Ended June 30, 2020
88
Note 14 Classification of Fund Balances (Continued)
General Fund Balance Policy
The Citys general fund reserve policy consists of an unrestricted General Fund Reserve of 25% of general fund
expenditures and an Economic Stability Reserve of 15% of general fund expenditures. The Economic Stability
Reserve would only be used in extraordinary circumstances, upon satisfaction of one of the following economic
triggers and with the majority vote of the City Council: (i) state take-away of significant revenue; (ii) large drop
in property taxes (decrease in assessed valuations), (iii) major business closures (sales tax and/or utility users tax
impact); (iv) dramatic drop in development from projections; (v) large unexpected drop in sales taxes (or other primary
revenues - utility users tax, franchise fees or transient occupancy tax) due to severe recession or (vi) the economic
triggers cause the General Fund Reserve to fall below a predetermined percentage of expenditures (e.g. 20%). In the
event the Economic Stability Reserve is used, the City is obligated to replenish the reserve by the end of the next
biennial budget to 15% of the general fund expenditures for the given year.
Note 15 Prior Period Adjustments
The City made following prior period adjustments as of July 1, 2019:
Governmental Business-Type
Activities Activities Total
Net position at July 1, 2019, as previously reported 168,398,582$ 191,188,191$ 359,586,773$
Understatement of accounts receivable grants 1,002,177 - 1,002,177
Adjustment for equity investment in discretely presented component unit - (2,952,971) (2,952,971)
Understatement of capital assets, net 414,240 - 414,240
(Under)over-statement of net pension liabilities and related items* 5,631,139 (5,631,139) -
(Under)over-statement of net OPEB liabilities and related items* 2,804,138 (2,804,138) -
Net position at July 1, 2019, as restated 178,250,276$ 179,799,943$ 358,050,219$
Sewer Water Total
Net position at July 1, 2019, as previously reported 114,098,068$ 77,090,123$ 191,188,191$
Adjustment for equity investment in discretely presented component unit (2,952,971) - (2,952,971)
Understatement of net pension liabilities and related items (3,027,098) (2,604,041) (5,631,139)
Understatement of net OPEB liabilities and related items (1,275,488) (1,528,650) (2,804,138)
Net position at July 1, 2019, as restated 106,842,511$ 72,957,432$ 179,799,943$
Enterprise Funds
*Prior period adjustments in pension and OPEB liabilities and related items were due to correcting the allocation
between Governmental Activities and Business-Type Activities.
7.2.b
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City of Gilroy
Notes to the Basic Financial Statements (Continued)
For the Year Ended June 30, 2020
89
Note 16 Subsequent Events
COVID-19 Funding
On June 29, 2020, the State approved the budget and authorized the Department of Finance to allocate
$1,289,065,000 to address the public health and public safety impacts of COVID-19 including homelessness.
Pursuant to the provisions of Control Section 11.90, cities with populations between 300,000 and 500,000 were
allocated $225 million and cities with populations of less than 300,000 were allocated $275 million. Based on the
Citys population, the City was allocated $704,824 and be received starting July 2020.
American Rescue Recovery Act Funding
On March 11, 2021, President Biden signed into law the American Rescue Plan Act (ARPA), delivering $65.1 billion
of direct and flexible aid to Americas cities, towns, and villages. Finalized committed amount of funding allocation
for the City is $10,964,521 and the City received first half of the payment on May 19, 2021 of $5,482,261.
Bond Issuance
On July 29, 2020, the City issued Gilroy Public Facilities financing Authority Lease Revenue Refunding Bonds,
Series 2020A for $13,740,000 to refund the Authoritys outstanding Refunding Lease Revenue Bonds, Series 2010
and to pay for the cost associated with the issuance of the Series 2020A.
On June 1, 2021, the City issued Gilroy Facilities Financing Authority Wastewater Revenue Bonds, Series 2021A to
finance the Citys portion of certain improvements to the South County Regional Wastewater Authority wastewater
treatment facility, to fund capitalized interest on the Bonds through February 1, 2023, and to pay the costs of issuance
of the Bonds.
Contract Award
On May 5, 2021, the South County Regional Wastewater Authority (SCRWA), a component unit of the City,
awarded the bid for the SCRWA Plant Expansion Project for $62.2 million.
General Fund Amendment
At the June 1, 2020, City Council Meeting, a recovery plan was introduced to Council to address the decrease of
revenue sources due to COVID19 emergency incident. As part of the recovery plan, staff recommended reductions in
staffing and operating expenses to address the shortfall in FY21 and the estimated $8 million shortfall in subsequent
years. Approval of the General Fund amendments to FY21 were adopted in FY21 (November 16, 2020 City Council
Meeting).
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REQUIRED SUPPLEMENTARY INFORMATION
(UNAUDITED)
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Measurement period 2018-19 2017-18 2016-17 2015-16 2014-15
2013-141
Total pension liability
Service cost 2,218,281$ 2,107,888$ 2,119,709$ 1,974,107$ 1,914,477$ 1,886,470$
Interest 7,888,537 7,397,421 7,057,333 6,992,371 6,720,915 6,378,166
Changes of benefit terms - - - - - -
Changes of assumptions - (870,201) 5,558,063 - (1,563,145) -
Differences between expected and actual experience 3,067,906 1,618,519 (2,724,046) (878,722) 67,994 -
Benefit payments, including refunds of employee
contributions (6,003,668) (5,515,662) (4,810,256) (4,335,513) (4,140,599) (3,800,609)
Net change in total pension liability 7,171,056 4,737,965 7,200,803 3,752,243 2,999,642 4,464,027
Total pension liability - beginning 109,153,967 104,416,002 97,215,199 93,462,956 90,463,314 85,999,287
Total pension liability - ending (a)116,325,023$ 109,153,967$ 104,416,002$ 97,215,199$ 93,462,956$ 90,463,314$
Pension fiduciary net position
Contributions - employer 3,254,181$ 2,796,490$ 2,535,645$ 2,448,744$ 2,236,836$ 2,105,469$
Contributions - employee 992,926 1,003,145 888,342 895,816 894,531 978,326
Net investment income 5,226,520 6,275,073 7,621,577 355,337 1,523,463 10,200,504
Benefit payments, including refunds of employee
contributions (6,003,668) (5,515,662) (4,810,256) (4,335,513) (4,140,599) (3,800,609)
Plan to plan resource movement - (182) - - - -
Administrative expense2 (55,985) (115,667) (100,535) (41,912) (77,393) -
Other Miscellaneous income/(expense)1 182 (219,654) - - - -
Net change in plan fiduciary net position 3,414,156 4,223,543 6,134,773 (677,528) 436,838 9,483,690
Plan fiduciary net position - beginning 3 78,451,278 74,227,735 68,092,962 68,770,490 68,333,652 58,849,962
Plan fiduciary net position - ending (b)81,865,434$ 78,451,278$ 74,227,735$ 68,092,962$ 68,770,490$ 68,333,652$
Plan net pension liability - ending (a) - (b)34,459,589$ 30,702,689$ 30,188,267$ 29,122,237$ 24,692,466$ 22,129,662$
Plan fiduciary net position as a percentage 70.38% 71.87% 71.09% 70.04% 73.58% 75.54%
of the total pension liability
Covered payroll3 12,003,033$ 11,457,160$ 10,902,171$ 11,189,178$ 10,920,524$ 10,072,452$
Plan net pension liability as a percentage of covered
payroll 287.09% 267.98% 276.90% 260.27% 226.11% 219.70%
Notes to Schedule:
Benefit Changes: The figures above do not include any liability impact that may have resulted from plan changes which occurred after the June 30, 2017 valuation
date. This applies for voluntary benefit changes as well as any offers of Two Years Additional Service Credit (a.k.a. Golden Handshakes).
Changes of Assumptions: None in 2019. In 2018, demographic assumptions and inflation rate were changed in accordance to the CalPERS Experience Study and
Review of Actuarial Assumption December 2017. There were no changes in the discount rate. In 2017, the accounting discount rate reduced from 7.65 percent to
7.15 percent. In 2016, there were no changes. In 2015, amounts reported reflect an adjustment of the discount rate from 7.5 percent (net of administrative expense) to
7.65 percent (without a reduction for pension plan administrative expense.) In 2014, amounts reported were based on the 7.5 percent discount rate.
City of Gilroy
Required Supplementary Information (Unaudited)
Schedule of Changes in the Net Pension Liability and Related Ratios
For the Year Ended June 30, 2020
Last Ten Fiscal Years
California Public Employees' Retirement System Defined Pension Plan - Miscellaneous Plan
1 Historical information is presented only for measurement periods for which GASB 68 is applicable.
2 Includes any beginning of year adjustment.
3 Includes one years payroll growth using 2.75 percent payroll growth assumption for fiscal years ended June 30, 2018-19; 3.00 percent payroll growth assumption
for fiscal years ended June 30, 2014-17.
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Measurement period 2018-19 2017-18 2016-17 2015-16 2014-15
2013-141
Total pension liability
Service cost 4,001,654$ 3,782,506$ 3,795,030$ 3,436,724$ 3,251,786$ 3,441,840$
Interest 11,586,454 11,090,179 10,658,420 10,258,316 9,778,748 9,235,218
Changes of benefit terms - - - - - -
Changes of assumptions - (633,599) 9,024,447 - (2,444,546) -
Differences between expected and actual experience (560,783) (600,354) (1,138,485) (557,694) 437,762 -
Benefit payments, including refunds of employee
contributions (7,569,570) (7,391,540) (6,957,768) (6,616,198) (5,976,690) (5,792,746)
Net change in total pension liability 7,457,755 6,247,192 15,381,644 6,521,148 5,047,060 6,884,312
Total pension liability - beginning 164,393,053 158,145,861 142,764,217 136,243,069 131,196,009 124,311,697
Total pension liability - ending (a)171,850,808$ 164,393,053$ 158,145,861$ 142,764,217$ 136,243,069$ 131,196,009$
Pension fiduciary net position
Contributions - employer 5,572,994$ 4,906,333$ 4,528,260$ 4,131,687$ 3,911,991$ 3,844,918$
Contributions - employee 1,245,565 1,196,981 1,157,337 1,130,369 1,106,970 1,082,775
Net investment income 7,469,298 8,983,812 10,785,793 541,083 2,139,791 14,460,928
Benefit payments, including refunds of employee
contributions (7,569,570) (7,391,540) (6,957,768) (6,616,198) (5,976,690) (5,792,746)
Plan to plan resource movement - (263) - - - -
Administrative expense2 (80,996) (165,621) (143,087) (59,596) (110,062) -
Other Miscellaneous income/(expense)1 263 (314,517) - - - -
Net change in plan fiduciary net position 6,637,554 7,215,185 9,370,535 (872,655) 1,072,000 13,595,875
Plan fiduciary net position - beginning 3 113,500,016 106,284,831 96,914,296 97,786,951 96,714,951 83,119,076
Plan fiduciary net position - ending (b)120,137,570$ 113,500,016$ 106,284,831$ 96,914,296$ 97,786,951$ 96,714,951$
Plan net pension liability - ending (a) - (b)51,713,238$ 50,893,037$ 51,861,030$ 45,849,921$ 38,456,118$ 34,481,058$
Plan fiduciary net position as a percentage 69.91% 69.04% 67.21% 67.88% 71.77% 73.72%
of the total pension liability
Covered payroll3 13,479,938$ 12,879,248$ 12,700,905$ 12,637,804$ 12,055,260$ 12,092,757$
Plan net pension liability as a percentage of covered
payroll 383.63% 395.16% 408.33% 362.80% 319.00% 285.14%
Notes to Schedule:
2 Includes any beginning of year adjustment.
3 Includes one years payroll growth using 2.75 percent payroll growth assumption for fiscal years ended June 30, 2018-19; 3.00 percent payroll growth assumption
for fiscal years ended June 30, 2014-17.
Benefit Changes: The figures above do not include any liability impact that may have resulted from plan changes which occurred after the June 30, 2017 valuation
date. This applies for voluntary benefit changes as well as any offers of Two Years Additional Service Credit (a.k.a. Golden Handshakes).
Changes of Assumptions: None in 2019. In 2018, demographic assumptions and inflation rate were changed in accordance to the CalPERS Experience Study and
Review of Actuarial Assumption December 2017. There were no changes in the discount rate. In 2017, the accounting discount rate reduced from 7.65 percent to
7.15 percent. In 2016, there were no changes. In 2015, amounts reported reflect an adjustment of the discount rate from 7.5 percent (net of administrative expense) to
7.65 percent (without a reduction for pension plan administrative expense.) In 2014, amounts reported were based on the 7.5 percent discount rate.
City of Gilroy
Required Supplementary Information (Unaudited)
Schedule of Changes in the Net Pension Liability and Related Ratios (Continued)
For the Year Ended June 30, 2020
Last Ten Fiscal Years
California Public Employees' Retirement System Defined Pension Plan - Safety Plan
1 Historical information is presented only for measurement periods for which GASB 68 is applicable.
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Fiscal Year End 2019-20 2018-19 2017-18 2016-17 2015-16 2014-15
2013-14 1
Actuarially determined contribution 3,644,363$ 3,254,181$ 2,796,490$ 2,535,645$ 2,448,744$ 2,236,836$ 2,105,469$
Contributions in relation to the actuarially
determined contribution2 (3,644,363) (3,254,181) (2,796,490) (2,535,645) (2,448,744) (2,236,836) (2,105,469)
Contribution deficiency (excess) -$ -$ -$ -$ -$ -$ -$
Covered payroll3 12,363,124$ 12,003,033$ 11,457,160$ 10,902,171$ 11,189,178$ 10,920,524$ 10,072,452$
Contributions as a percentage of covered
payroll3 29.48% 27.11% 24.41% 23.26% 21.88% 20.48% 20.90%
Notes to Schedule:
Methods and assumptions used to determine contribution rates:
Actuarial cost method Entry Age Normal Cost Method
Amortization method Level percentage of payroll
Asset valuation method Market value
Inflation 2.75%
Salary increases Varies by entry age and service
Payroll Growth 3.00%
Investment rate of return
Retirement age
Mortality
The actuarial methods and assumptions used to set the actuarially determined contributions for Fiscal Year 2018-19 were derived from the June 30, 2016 funding
valuation report.
7.375% net of pension plan investment expenses; includes Inflation.
The probabilities of retirement are based on the 2014 CalPERS Experience study for
the period from 1997 to 2011.
The probabilities of mortality are based on the 2014 CalPERS Experience Study for
the period from 1997 to 2011. Pre-retirement and Post-retirement mortality rates
include 20 years of projected mortality improvement using Scale BB published by
the Society of Actuaries.
3 Includes one years payroll growth using 2.75 percent payroll growth assumption for fiscal years ended June 30, 2018-19; 3.00 percent payroll growth assumption
for fiscal years ended June 30, 2014-17.
2 Employers are assumed to make contributions equal to the actuarially determined contributions. However, some employers may choose to make additional
contributions towards their unfunded liability. Employer contributions for such plans exceed the actuarially determined contributions.
1 Historical information is presented only for measurement periods for which GASB 68 is applicable.
City of Gilroy
Required Supplementary Information (Unaudited)
Schedule of Plan Contributions - Pension
For the Year Ended June 30, 2020
Last Ten Fiscal Years
California Public Employees' Retirement System Defined Pension Plan - Miscellaneous
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2019-20 2018-19 2017-18 2016-17 2015-16 2014-15
2013-14 1
Actuarially determined contribution 6,320,861$ 5,572,994$ 4,906,333$ 4,528,260$ 4,131,687$ 3,911,991$ 3,844,918$
Contributions in relation to the actuarially
determined contribution2 (6,320,861) (5,572,994) (4,906,333) (4,528,260) (4,131,687) (3,911,991) (3,844,918)
Contribution deficiency (excess) -$ -$ -$ -$ -$ -$ -$
Covered payroll3 13,884,336$ 13,479,938$ 12,879,248$ 12,700,905$ 12,637,804$ 12,055,260$ 12,092,757$
Contributions as a percentage of covered
payroll3 45.53% 41.34% 38.09% 35.65% 32.69% 32.45% 31.80%
Notes to Schedule:
Methods and assumptions used to determine contribution rates:
Actuarial cost method Entry Age Normal Cost Method
Amortization method Level percentage of payroll
Asset valuation method Market value
Inflation 2.75%
Salary increases Varies by entry age and service
Payroll Growth 3.00%
Investment rate of return
Retirement age
Mortality
2 Employers are assumed to make contributions equal to the actuarially determined contributions. However, some employers may choose to make additional
contributions towards their unfunded liability. Employer contributions for such plans exceed the actuarially determined contributions.
City of Gilroy
Required Supplementary Information (Unaudited)
Schedule of Plan Contributions - Pension (Continued)
For the Year Ended June 30, 2020
Last Ten Fiscal Years
California Public Employees' Retirement System Defined Pension Plan - Safety Plan
1 Historical information is presented only for measurement periods for which GASB 68 is applicable.
3 Includes one years payroll growth using 2.75 percent payroll growth assumption for fiscal years ended June 30, 2018-19; 3.00 percent payroll growth assumption
for fiscal years ended June 30, 2014-17.
The probabilities of retirement are based on the 2014 CalPERS Experience study for
the period from 1997 to 2011.
The probabilities of mortality are based on the 2014 CalPERS Experience Study for
the period from 1997 to 2011. Pre-retirement and Post-retirement mortality rates
include 20 years of projected mortality improvement using Scale BB published by
the Society of Actuaries.
The actuarial methods and assumptions used to set the actuarially determined contributions for Fiscal Year 2018-19 were derived from the June 30, 2016 funding
valuation report.
7.375% net of pension plan investment expenses; includes Inflation.
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Measurement period 2018-19 2017-18 2016-17
Total OPEB liability
Service cost 697,310$ 723,000$ 832,000$
Interest 594,793 546,000 463,000
Actual vs. expected experience (1,655,290) - -
Changes of assumptions 547,789 (625,000) (1,691,000)
Benefit payments, including refunds of employee contributions (524,000) (491,000) (479,000)
Net change in total OPEB liability (339,398) 153,000 (875,000)
Total OPEB liability - beginning 14,934,000 14,781,000 15,656,000
Total OPEB liability - ending (a)14,594,602$ 14,934,000$ 14,781,000$
Covered payroll 3 29,906,910$ 27,610,000$ 26,626,000$
Plan net OPEB liability as a percentage of covered payroll 48.80% 54.09% 55.51%
Notes to Schedule:
Benefit Changes:
There were no changes in benefits.
Changes in Assumptions:
The discount rate for the June 30, 2017 measurement date was increased to 3.58% from 2.85%.
The discount rate for the June 30, 2018 measurement date was increased to 3.87% from 3.58%.
The discount rate for the June 30, 2019 measurement date was increased to 3.50% from 3.87%.
Other Post Employment Benefit Plan
City of Gilroy
Required Supplementary Information (Unaudited)
Schedule of Changes in the Net OPEB Liability and Related Ratios
For the Year Ended June 30, 2020
Last Ten Fiscal Years
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Original Final Variance with
Budget Budget Actual Final Budget
REVENUES:
Taxes:
Property taxes 14,663,707$ 14,663,707$ 15,595,639$ 931,932$
Sales tax 20,558,684 20,558,684 17,233,882 (3,324,802)
Transient occupancy tax 1,898,986 1,898,986 1,237,812 (661,174)
Utility taxes 4,643,909 4,514,371 5,177,426 663,055
Franchise taxes 1,724,598 1,724,598 1,855,622 131,024
Document transfer tax 313,982 313,982 489,775 175,793
Motor vehicle in lieu tax 32,462 32,462 44,265 11,803
Total taxes 43,836,328 43,706,790 41,634,421 (2,072,369)
Intergovernmental:
Grants 141,500 106,500 196,685 90,185
Total intergovernmental
Charges for Services:
Administrative charges 2,231,512 2,231,512 2,800,293 568,781
Overhead to enterprise 434,756 434,756 445,491 10,735
Plan checks and inspections 2,703,851 2,703,851 1,047,625 (1,656,226)
Special planning services 500,000 500,000 546,308 46,308
Special police services 54,122 54,122 21,075 (33,047)
Special fire services 150,000 150,000 222,617 72,617
Community recreation 1,183,565 1,170,565 788,753 (381,812)
Total charges for services 7,257,806 7,244,806 5,872,162 (1,372,644)
Licenses and Permits:
Business licenses 710,435 710,435 708,554 (1,881)
Hazardous material permits 200,000 200,000 250,925 50,925
Building permits 2,689,783 2,689,783 771,244 (1,918,539)
Other licenses and permits 54,000 54,000 45,928 (8,072)
Total licenses and permits 3,654,218 3,654,218 1,776,651 (1,877,567)
Fines:
Vehicle fines 166,580 166,580 90,839 (75,741)
Parking fines 21,150 21,150 30,010 8,860
Abandoned vehicle 75,000 75,000 161,686 86,686
Total Fines 262,730 262,730 282,535 19,805
Investment incomes 500,637 500,637 489,509 (11,128)
Miscellaneous:
Police and fire 488,536 488,036 627,520 139,484
Community services 116,300 116,300 128,293 11,993
Buildings 2,000 2,000 2,694 694
Other 428,557 428,557 253,211 (175,346)
Total Miscellaneous 1,035,393 1,034,893 1,011,718 (23,175)
Total Revenues 56,688,612$ 56,510,574$ 51,263,681$ (5,246,893)$
(Conitnued)
City of Gilroy
Required Supplementary Information
Budgetary Comparison Schedule - General Fund
For the Year Ended June 30, 2020
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Original Final Variance with
Budget Budget Actual Final Budget
EXPENDITURES:
General Government:
City council 209,099 209,099 211,181 (2,082)
City administration 1,384,323 1,384,322 1,397,751 (13,429)
Emergency services 4,020 1,000 442,928 (441,928)
Finance 804,293 794,294 730,637 63,657
General administration 1,489,572 1,483,202 1,630,898 (147,696)
City attorney 435,000 425,000 575,993 (150,993)
Personnel 1,534,031 1,528,030 1,211,154 316,876
Total general government 5,860,338 5,824,947 6,200,542 (375,595)
Public Safety:
Police administration 3,735,485 3,735,484 4,003,359 (267,875)
Police patrol operations 16,206,794 16,204,094 15,194,094 1,010,000
Police investigation 1,626,649 1,607,150 1,458,790 148,360
Communications 2,344,324 2,344,324 1,988,891 355,433
Police records 1,320,961 1,320,960 1,128,481 192,479
Fire administration 1,770,778 1,769,928 1,359,547 410,381
Fire operations 10,857,429 10,856,228 10,560,424 295,804
Total public safety 37,862,420 37,838,168 35,693,586 2,144,582
Community Services:
Public information 680,525 680,525 616,654 63,871
Environmental programs 129,083 124,683 201,837 (77,154)
Street maintenance/forestry 1,271,666 1,254,969 1,219,837 35,132
Landscape maintenance 2,993,191 2,993,190 2,718,569 274,621
Community recreation 3,834,832 3,792,446 3,140,748 651,698
Total community services 8,909,297 8,845,813 7,897,645 948,168
Community development:
Public works and administration: 261,065 261,065 269,462 (8,397)
Engineering 1,417,147 1,420,741 1,165,373 255,368
Planning 2,310,718 3,766,154 2,462,528 1,303,626
B.L.E.S.1,956,937 1,956,938 1,624,692 332,246
Chemical containment hazardous materials 641,214 641,214 633,191 8,023
Economic development 160,669 257,317 191,819 65,498
Total community development 6,747,750 8,303,429 6,347,065 1,956,364
TOTAL EXPENDITURES 59,379,805 60,812,357 56,138,838 4,673,519
EXCESS OF REVENUES OVER
(UNDER) EXPENDITURES (2,691,193) (4,301,783) (4,875,157) (573,374)
OTHER FINANCING SOURCES:
Transfers in 144,000 144,000 239,510 95,510
Transfers out (1,784,633) (6,409,633) (8,265,753) (1,856,120)
Total other financing sources (1,640,633) (6,265,633) (8,026,243) (1,760,610)
NET CHANGE IN FUND BALANCE (4,331,826)$ (10,567,416)$ (12,901,400) (2,333,984)$
FUND BALANCE:
Beginning of Year 27,759,870
End of Year 14,858,470$
(Concluded)
For the Year Ended June 30, 2020
City of Gilroy
Required Supplementary Information
Budgetary Comparison Schedule - General Fund (Continued)
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The City Administrator submits to the City Council a proposed budget for all funds. Council then proceeds to make any changes
to the proposed budget it deems necessary. Before adopting the proposed budget, Council holds a public hearing for any
interested party desiring to be heard. Notice must be given 10 days prior to the hearing and must be published in the Citys
official newspaper. After the conclusion of the public hearing, Council may further make revisions to the proposed budget.
Thereafter, Council adopts the budget with revisions, if any.
Legally adopted budgets for all governmental funds are established on a basis consistent with accounting principles generally
accepted in the United States of America. City Council approval is required for all revisions to the adopted budget that require
additional appropriations or new funding. City Administrator approval is required for all transfers within the adopted budget.
Operational appropriations lapse at fiscal year-end unless City Council takes formal action to carry forward appropriations into
the following fiscal year.
The level on which expenditures may not legally exceed appropriations is the fund level. The budgetary comparison schedules
are not presented for the Lease Revenue Bond Series 2020A Debt Service Fund.
City of Gilroy
Required Supplementary Information
Notes to the Budgetary Comparison Schedules
For the Year Ended June 30, 2020
Budget and Budgetary Accounting
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SUPPLEMENTARY INFORMATION
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Original Final Variance with
Budget Budget Actual Final Budget
REVENUES:
Charges for services 8,993,125$ 8,993,125$ 3,679,043$ (5,314,082)$
Investment income 153,606 153,606 78,375 (75,231)
Total revenues 9,146,731 9,146,731 3,757,418 (5,389,313)
EXPENDITURES:
Current:
Community development 10,000 4,110,675 3,277,318 833,357
Debt service:
Interest and fiscal charges 58,715 58,715 102,559 (43,844)
Total expenditures 68,715 4,169,390 3,379,877 789,513
EXCESS OF REVENUES OVER
(UNDER) EXPENDITURES 9,078,016 4,977,341 377,541 (4,599,800)
OTHER FINANCIN SOURCES (USES):
Transfers in 40,763 40,763 40,762 (1)
Transfers out (3,594,976) (3,594,976) (3,594,976) -
Total other financing sources (uses)(3,554,213) (3,554,213) (3,554,214) (1)
NET CHANGE IN FUND BALANCE 5,523,803$ 1,423,128$ (3,176,673) (4,599,801)$
FUND BALANCE:
Beginning of Year (3,182,011)
End of Year (6,358,684)$
City of Gilroy
Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual
Public Facilities Impact Capital Projects Fund
For the Year Ended June 30, 2020
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Original Final Variance with
Budget Budget Actual Final Budget
REVENUES:
Taxes 2,114,233$ 2,114,233$ 1,921,576$ (192,657)$
Investment income 27,179 27,179 97,797 70,618
Total revenues 2,141,412 2,141,412 2,019,373 (122,039)
EXPENDITURES:
Current:
General government 5,200 5,200 129,296 (124,096)
Debt service:
Principal retirement 865,000 865,000 1,090,630 (225,630)
Interest and fiscal charges 1,244,033 1,244,033 1,123,892 120,141
Total expenditures 2,114,233 2,114,233 2,343,818 (229,585)
EXCESS OF REVENUES OVER
(UNDER) EXPENDITURES 27,179 27,179 (324,445) (351,624)
OTHER FINANCIN SOURCES (USES):
Bond proceeds - - 19,087,551 19,087,551
Payment to refunded bond escrow - - (19,350,000) (19,350,000)
Total other financing sources (uses)- - (262,449) (262,449)
NET CHANGE IN FUND BALANCE 27,179$ 27,179$ (586,894) (614,073)$
FUND BALANCE:
Beginning of Year 1,725,410
End of Year 1,138,516$
City of Gilroy
Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual
Gilroy Community Library Debt Service Fund
For the Year Ended June 30, 2020
105
7.2.b
Packet Pg. 163 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
Community Development Block Grant - This fund is used to account for Housing and Urban Development grants used to operate
the Community Development Grant Program.
Rehabilitation Loans - This fund is used to account for loan proceeds used from the state for housing projects.
Housing Trust Fund - This fund is used to account for local funds used to address affordable housing and homelessness, for both
capital projects and services provided to homebuyers regarding down payment assistance and administrative oversight.
Community Facilities District - This fund is used to account for funds from special landscape assessment districts used to maintain
improvements of a public nature that provide benefits to the property owner.
Vehicle License Fee - This fund is used to account for vehicle license fees received from Santa Clara County to be used for
pavement maintenance, operations, signals, signs and markings.
Measure B - This fund is used to account for street and road maintenance and repair projects.
Prop 172 Sales Tax - This fund is used to account for funds received from state sales tax used for public safety activities.
NONMAJOR GOVERNMENTAL FUNDS
These funds account for revenue sources that are restricted for specific purposes (other than those resources to be expended solely for
the construction of major capital facilities).
Gas Tax - This fund is used to account for the Citys share of state gasoline tax required to be used for construction and maintenance
of the Citys road network system.
Pavement Management - This fund is used to account for County Measure A and other transportation grants used to repair and
rebuild various roads.
Public Safety Grants - This fund is used to account for state and federal grants used for public safety activities.
SPECIAL REVENUE FUNDS
Traffic Impact - This fund is used to finance the construction of streets, bridges, interchanges and traffic signals within the City as
described in the City of Gilroys Circulation Element. Improvements and expansions of the Citys traffic circulation system are
needed to accommodate development of new residential, commercial and industrial uses with the City. The traffic impact fee is used
to expand system capacity to accommodate new development.
Storm Drains - This fund is used finance the construction of drainage collection and distribution systems within the City as described
in the City of Gilroys Storm Drain Master Plan. Improvements and expansions of the Citys storm drain system are needed to
accommodate development of new residential, commercial and industrial uses within the City. The storm drain development fee is
used to expand system capacity to accommodate new development.
Utility Undergrounding - This fund is used to allocate resources to underground existing overhead utilities (electricity, telephone
and cable) along fully constructed streets. The City collects the fee from developers as development occurs along these streets.
Street Trees Development - This fund is used to account for the collection of a front footage fee to plant trees in new developments.
BANS 2009 Financing -This fund is used to account for the 2009 short-term refinancing of the Citys public facilities debt. The
City included its cost for the Christopher High School joint use public facilities with GUSD in the refinancing.
Los Arroyos Fund - This fund is used to account for funds received from South County Housing to support future homebuyers in the
Los Arroyos neighborhood.
CAPITAL PROJECTS FUNDS
These funds account for resources intended to be used primarily for major capital facilities (other than those financed by revenues of
proprietary funds).
Capital Projects -This fund is used to account for major capital projects other than those financed by revenues of proprietary funds,
including projects that are partially funded from other sources such as grants or fuel tax.
CalHome Funds - This fund is used to account funds received from South County Housing to support future homebuyers.
106
7.2.b
Packet Pg. 164 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
Lease Revenue Bonds Series 2020A - This fund is used to account for the payments of debt service of principal and interest for the
PFFA Lease Revenue 2020A Bonds.
Sewer Development - This fund is used to account for the construction of sewer collection and conveyance systems within the City
as described in the City of Gilroys Sewer Master Plan. Improvements and expansions of the Citys sewer system are needed to
accommodate development of new residential, commercial and industrial uses within the City. The sewer development fee is used to
expand system capacity to accommodate new development.
CA Energy Commission Loan -This fund is used to account for the payments of debt service of principal and interest for the loan
agreement between the CA Energy Commission (CEC) and the City for the Wide LED streetlight replacement project.
NONMAJOR GOVERNMENTAL FUNDS (Continued )
CAPITAL PROJECTS FUNDS (Continued)
DEBT SERVICE FUNDS
These funds account for resources accumulated for the payment of principal and interest (other than that for proprietary fund debt).
Water Development - This fund is used to account for the construction of water transmission, distribution and storage systems within
Pressure Zone 1 of the Citys water system as described in the City of Gilroys Water Master Plan. Improvements and expansions of
the Citys water system are needed to accommodate development of new residential, commercial and industrial uses within the City.
The water development fee is used to expand capacity to accommodate new development.
Refunding Lease 2010 -This fund is used to account for the payments of debt service of principal and interest for the PFFA
Refunding Lease 2010 Bonds.
2013 Refunding Bond -This fund is used to account for the payments of debt service of principal and interest for the 2013 Lease
Revenue Refunding Bonds.
Bank Interest - This fund is used to account for the interest earned on the citywide treasurers investment pool. Quarterly, the
earnings are allocated to the appropriate funds. At the end of the fiscal year, the earnings of those funds not subject to interest are
transferred to the Capital Projects Fund.
Gilroy Community Library - This fund is used to account for the acquisition, construction and improvement of facilities to be used
as a public library within the City. Funding was provided by issuance of general obligation bonds. Interest earned on specific LAIF
account will be recorded directly to the Library fund.
107
7.2.b
Packet Pg. 165 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
Public
Pavement Safety Prop 172
Gas Tax Management Grants Sales Tax
ASSETS
Cash and investments 6,499,984$ 152,213$ 441,288$ 44,160$
Receivables:
Accounts - - 40,000 -
Due from other governments 420,891 - 99,552 40,048
Interest - - - -
Loans and notes - - - -
Advances from other funds - - - -
Land held for resale - - - -
Restricted assets:
Cash and investments with fiscal agents - - - -
Total assets 6,920,875$ 152,213$ 580,840$ 84,208$
LIABILITIES, DEFERRED INFLOWS OF
RESOURCES, AND FUND BALANCES
Liabilities:
Accounts payable 420,938$ 98,585$ 46,263$ 12,927$
Accrued liabilities - - 45,825 -
Unearned revenue - - - -
Due to other funds - - - -
Due to component unit - - - -
Total liabilities 420,938 98,585 92,088 12,927
Deferred inflows of resources:
Unavailable revenues - - - -
Total deferred inflows of resources - - - -
Fund balances:
Nonspendable - - - -
Restricted 6,499,937 53,628 488,752 71,281
Assigned - - - -
Unassigned (deficit)- - - -
Total fund balances 6,499,937 53,628 488,752 71,281
Total liabilities, deferred inflows of
resources, and fund balances 6,920,875$ 152,213$ 580,840$ 84,208$
(Continued)
City of Gilroy
Combining Balance Sheet
Nonmajor Governmental Funds
June 30, 2020
Special Revenue Funds
108
7.2.b
Packet Pg. 166 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
Community Housing Community
Development Rehabilitation Trust Facilities
Block Grant Loans Fund District
ASSETS
Cash and investments 332,168$ 230$ 906,106$ 1,255,483$
Receivables:
Accounts - - - -
Due from other governments 190,429 - - 3,447
Interest 378,998 - 290,619 -
Loans and notes 1,826,475 - 1,385,524 -
Advances from other funds - - - -
Land held for resale - - 706,754 -
Restricted assets:
Cash and investments with fiscal agents - - - -
Total assets 2,728,070$ 230$ 3,289,003$ 1,258,930$
LIABILITIES, DEFERRED INFLOWS OF
RESOURCES, AND FUND BALANCES
Liabilities:
Accounts payable 166,786$ -$ 34,396$ 23,762$
Accrued liabilities 42,301 - 24,874 -
Unearned revenue - - - -
Due to other funds - - - -
Due to component unit - - - -
Total liabilities 209,087 - 59,270 23,762
Deferred inflows of resources:
Unavailable revenues 385,351 - 290,619 -
Total deferred inflows of resources 385,351 - 290,619 -
Fund balances:
Nonspendable - - 706,754 -
Restricted 2,133,632 230 2,232,360 1,235,168
Assigned - - - -
Unassigned (deficit)- - - -
Total fund balances 2,133,632 230 2,939,114 1,235,168
Total liabilities, deferred inflows of
resources, and fund balances 2,728,070$ 230$ 3,289,003$ 1,258,930$
(Continued)
City of Gilroy
Combining Balance Sheet (Continued)
Nonmajor Governmental Funds
June 30, 2020
Special Revenue Funds
109
7.2.b
Packet Pg. 167 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
Vehicle
License Los Arroyos CalHome
Measure B Fee Fund Funds
ASSETS
Cash and investments 244,298$ 1,180,136$ 405,525$ 210,013$
Receivables:
Accounts - - - -
Due from other governments - - - -
Interest - - - 52,347
Loans and notes - - - 180,600
Advances from other funds - - - -
Land held for resale - - - -
Restricted assets:
Cash and investments with fiscal agents - - - -
Total assets 244,298$ 1,180,136$ 405,525$ 442,960$
LIABILITIES, DEFERRED INFLOWS OF
RESOURCES, AND FUND BALANCES
Liabilities:
Accounts payable -$ 44,700$ -$ -$
Accrued liabilities - - - -
Unearned revenue 240,462 - - 272,947
Due to other funds - - - -
Due to component unit - - - -
Total liabilities 240,462 44,700 - 272,947
Deferred inflows of resources:
Unavailable revenues - - - -
Total deferred inflows of resources - - - -
Fund balances:
Nonspendable - - - -
Restricted 3,836 1,135,436 405,525 170,013
Assigned - - - -
Unassigned (deficit)- - - -
Total fund balances 3,836 1,135,436 405,525 170,013
Total liabilities, deferred inflows of
resources, and fund balances 244,298$ 1,180,136$ 405,525$ 442,960$
(Continued)
City of Gilroy
Combining Balance Sheet (Continued)
Nonmajor Governmental Funds
June 30, 2020
Special Revenue Funds
110
7.2.b
Packet Pg. 168 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
BANS
Capital 2009 Traffic Storm
Projects Financing Impact Drains
ASSETS
Cash and investments 5,413,114$ 34,795$ 13,554,468$ 1,039,566$
Receivables:
Accounts - - - -
Due from other governments - - - -
Interest - - - -
Loans and notes - - - -
Advances from other funds - - - 1,006,952
Land held for resale - - - -
Restricted assets:
Cash and investments with fiscal agents - - - -
Total assets 5,413,114$ 34,795$ 13,554,468$ 2,046,518$
LIABILITIES, DEFERRED INFLOWS OF
RESOURCES, AND FUND BALANCES
Liabilities:
Accounts payable 45,106$ -$ 5,257$ -$
Accrued liabilities - - - -
Unearned revenue - - 135,142 -
Due to other funds - - - -
Due to component unit - - - -
Total liabilities 45,106 - 140,399 -
Deferred inflows of resources:
Unavailable revenues - - - -
Total deferred inflows of resources - - - -
Fund balances:
Nonspendable - - - -
Restricted - 34,795 13,414,069 2,046,518
Assigned 5,368,008 - - -
Unassigned (deficit)- - - -
Total fund balances 5,368,008 34,795 13,414,069 2,046,518
Total liabilities, deferred inflows of
resources, and fund balances 5,413,114$ 34,795$ 13,554,468$ 2,046,518$
(Continued)
City of Gilroy
Combining Balance Sheet (Continued)
Nonmajor Governmental Funds
June 30, 2020
Capital Projects Funds
111
7.2.b
Packet Pg. 169 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
Street
Utility Trees Sewer Water
Undergrounding Development Development Development
ASSETS
Cash and investments 8,092$ 135,988$ 12,146,465$ 4,680,558$
Receivables:
Accounts - - - -
Due from other governments - - - -
Interest - - - -
Loans and notes - - - -
Advances from other funds - - 1,751,884 -
Land held for resale - - - -
Restricted assets:
Cash and investments with fiscal agents - - - -
Total assets 8,092$ 135,988$ 13,898,349$ 4,680,558$
LIABILITIES, DEFERRED INFLOWS OF
RESOURCES, AND FUND BALANCES
Liabilities:
Accounts payable -$ -$ -$ -$
Accrued liabilities - - - -
Unearned revenue - - 94,696 24,318
Due to other funds - - - -
Due to component unit - - 426,788 -
Total liabilities - - 521,484 24,318
Deferred inflows of resources:
Unavailable revenues - - - -
Total deferred inflows of resources - - - -
Fund balances:
Nonspendable - - - -
Restricted 8,092 135,988 13,376,865 4,656,240
Assigned - - - -
Unassigned (deficit)- - - -
Total fund balances 8,092 135,988 13,376,865 4,656,240
Total liabilities, deferred inflows of
resources, and fund balances 8,092$ 135,988$ 13,898,349$ 4,680,558$
(Continued)
City of Gilroy
Combining Balance Sheet (Continued)
Nonmajor Governmental Funds
June 30, 2020
Capital Projects Funds
112
7.2.b
Packet Pg. 170 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
Gilroy Refunding 2013
Bank Community Lease Refunding
Interest Library 2010 Bond
ASSETS
Cash and investments -$ 5,210,718$ 152,361$ 81,429$
Receivables:
Accounts - - - -
Due from other governments - 18,939 - -
Interest 450,911 - - -
Loans and notes - - - -
Advances from other funds - - - -
Land held for resale - - - -
Restricted assets:
Cash and investments with fiscal agents - - 1,775,370 922,112
Total assets 450,911$ 5,229,657$ 1,927,731$ 1,003,541$
LIABILITIES, DEFERRED INFLOWS OF
RESOURCES, AND FUND BALANCES
Liabilities:
Accounts payable 1,900$ -$ -$ -$
Accrued liabilities - - - -
Unearned revenue - - - -
Due to other funds 449,065 - - -
Due to component unit - - - -
Total liabilities 450,965 - - -
Deferred inflows of resources:
Unavailable revenues - - - -
Total deferred inflows of resources - - - -
Fund balances:
Nonspendable - - - -
Restricted - 5,229,657 1,927,731 1,003,541
Assigned - - - -
Unassigned (deficit)(54) - - -
Total fund balances (54) 5,229,657 1,927,731 1,003,541
Total liabilities, deferred inflows of
resources, and fund balances 450,911$ 5,229,657$ 1,927,731$ 1,003,541$
(Continued)
June 30, 2020
City of Gilroy
Combining Balance Sheet (Continued)
Nonmajor Governmental Funds
Capital Projects Funds Debt Service Funds
113
7.2.b
Packet Pg. 171 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
CA Energy Lease Revenue Total Other
Commission Bond Series Governmental
Loan 2020A Funds
ASSETS
Cash and investments 19,873$ -$ 54,149,031$
Receivables:
Accounts - - 40,000
Due from other governments - - 773,306
Interest - - 1,172,875
Loans and notes - - 3,392,599
Advances from other funds - - 2,758,836
Land held for resale - - 706,754
Restricted assets:
Cash and investments with fiscal agents - - 2,697,482
Total assets 19,873$ -$ 65,690,883$
LIABILITIES, DEFERRED INFLOWS OF
RESOURCES, AND FUND BALANCES
Liabilities:
Accounts payable -$ -$ 900,620$
Accrued liabilities - - 113,000
Unearned revenue - - 767,565
Due to other funds - 21,900 470,965
Due to component unit - - 426,788
Total liabilities - 21,900 2,678,938
Deferred inflows of resources:
Unavailable revenues - - 675,970
Total deferred inflows of resources - - 675,970
Fund balances:
Nonspendable - - 706,754
Restricted 19,873 - 56,283,167
Assigned - - 5,368,008
Unassigned (deficit)- (21,900) (21,954)
Total fund balances 19,873 (21,900) 62,335,975
Total liabilities, deferred inflows of
resources, and fund balances 19,873$ -$ 65,690,883$
(Concluded)
Debt Service Funds
City of Gilroy
Combining Balance Sheet (Continued)
Nonmajor Governmental Funds
June 30, 2020
114
7.2.b
Packet Pg. 172 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
Public
Pavement Safety Prop 172
Gas Tax Management Grants Sales Tax
Revenues:
Taxes -$ -$ -$ 260,773$
Intergovernmental 3,476,089 133,234 805,278 -
Charges for services - - - -
Investment income 112,525 513 10,236 552
Miscellaneous 31,600 - 90,678 -
Total revenues 3,620,214 133,747 906,192 261,325
Expenditures:
Current:
General government - - - -
Public safety - - 881,173 293,128
Community development 2,757,438 57,996 - -
Debt service:
Principal retirement - - - -
Interest and fiscal charges - - - -
Total expenditures 2,757,438 57,996 881,173 293,128
Revenues over (under)
expenditures 862,776 75,751 25,019 (31,803)
Other financing sources (uses):
Transfers in - - 140,265 34,970
Transfers out (107,363) - (185,449) (3,167)
Total other financing sources (uses)(107,363) - (45,184) 31,803
Net Change in Fund Balances 755,413 75,751 (20,165) -
Fund balances:
Beginning of year 5,744,524 (22,123) 508,917 71,281
End of year 6,499,937$ 53,628$ 488,752$ 71,281$
(Continued)
Special Revenue Funds
City of Gilroy
Combining Statement of Revenues, Expenditures, and Changes in Fund Balances
Nonmajor Governmental Funds
For the Year Ended June 30, 2020
115
7.2.b
Packet Pg. 173 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
Community Housing Community
Development Rehabilitation Trust Facilities
Block Grant Loans Fund District
Revenues:
Taxes -$ -$ -$ 453,167$
Intergovernmental 445,291 - - -
Charges for services - - - -
Investment income 11,369 4 46,405 20,682
Miscellaneous 26,438 - 187,696 -
Total revenues 483,098 4 234,101 473,849
Expenditures:
Current:
General government - - - -
Public safety - - - -
Community development 519,013 - 113,110 291,297
Debt service:
Principal retirement - - - -
Interest and fiscal charges - - - -
Total expenditures 519,013 - 113,110 291,297
Revenues over (under)
expenditures (35,915) 4 120,991 182,552
Other financing sources (uses):
Transfers in - - 12,886 -
Transfers out (55,712) - - -
Total other financing sources (uses)(55,712) - 12,886 -
Net Change in Fund Balances (91,627) 4 133,877 182,552
Fund balances:
Beginning of year 2,225,259 226 2,805,237 1,052,616
End of year 2,133,632$ 230$ 2,939,114$ 1,235,168$
(Continued)
Special Revenue Funds
City of Gilroy
Combining Statement of Revenues, Expenditures, and Changes in Fund Balances (Continued)
Nonmajor Governmental Funds
For the Year Ended June 30, 2020
116
7.2.b
Packet Pg. 174 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
Vehicle
License Los Arroyos CalHome
Measure B Fee Fund Funds
Revenues:
Taxes -$ -$ -$ -$
Intergovernmental - 374,773 42,179 -
Charges for services - - - -
Investment income 3,836 25,058 7,356 9,679
Miscellaneous - - - -
Total revenues 3,836 399,831 49,535 9,679
Expenditures:
Current:
General government - - - -
Public safety - - - -
Community development - 897,092 - -
Debt service:
Principal retirement - - - -
Interest and fiscal charges - - - -
Total expenditures - 897,092 - -
Revenues over (under)
expenditures 3,836 (497,261) 49,535 9,679
Other financing sources (uses):
Transfers in - - - -
Transfers out - - - -
Total other financing sources (uses)- - - -
Net Change in Fund Balances 3,836 (497,261) 49,535 9,679
Fund balances:
Beginning of year - 1,632,697 355,990 160,334
End of year 3,836$ 1,135,436$ 405,525$ 170,013$
(Continued)
City of Gilroy
Combining Statement of Revenues, Expenditures, and Changes in Fund Balances (Continued)
Nonmajor Governmental Funds
For the Year Ended June 30, 2020
Special Revenue Funds
117
7.2.b
Packet Pg. 175 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
BANS
Capital 2009 Traffic Storm
Projects Financing Impact Drains
Revenues:
Taxes -$ -$ -$ -$
Intergovernmental - - - -
Charges for services - - 2,319,258 9,538
Investment income 43,699 684 268,940 33,201
Miscellaneous - - - -
Total revenues 43,699 684 2,588,198 42,739
Expenditures:
Current:
General government - - - -
Public safety - - - -
Community development 850,025 -2,075,285 7,292
Debt service:
Principal retirement - - - -
Interest and fiscal charges - - - -
Total expenditures 850,025 - 2,075,285 7,292
Revenues over (under)
expenditures (806,326) 684 512,913 35,447
Other financing sources (uses):
Transfers in 4,690,516 - 48,769 1,196
Transfers out - - - -
Total other financing sources (uses)4,690,516 - 48,769 1,196
Net Change in Fund Balances 3,884,190 684 561,682 36,643
Fund balances:
Beginning of year 1,483,818 34,111 12,852,387 2,009,875
End of year 5,368,008$ 34,795$ 13,414,069$ 2,046,518$
(Continued)
Capital Projects Funds
City of Gilroy
Combining Statement of Revenues, Expenditures, and Changes in Fund Balances (Continued)
Nonmajor Governmental Funds
For the Year Ended June 30, 2020
118
7.2.b
Packet Pg. 176 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
Street
Utility Trees Sewer Water
Undergrounding Development Development Development
Revenues:
Taxes -$ -$ -$ -$
Intergovernmental - - - -
Charges for services - 344 1,608,755 462,722
Investment income 159 2,673 266,951 92,917
Miscellaneous - - - -
Total revenues 159 3,017 1,875,706 555,639
Expenditures:
Current:
General government - - - -
Public safety - - - -
Community development - - 1,367,560 507,085
Debt service:
Principal retirement - - - -
Interest and fiscal charges - - - -
Total expenditures - - 1,367,560 507,085
Revenues over (under)
expenditures 159 3,017 508,146 48,554
Other financing sources (uses):
Transfers in - 27 28,351 5,893
Transfers out - - (693,577) -
Total other financing sources (uses)- 27 (665,226) 5,893
Net Change in Fund Balances 159 3,044 (157,080) 54,447
Fund balances:
Beginning of year 7,933 132,944 13,533,945 4,601,793
End of year 8,092$ 135,988$ 13,376,865$ 4,656,240$
(Continued)
City of Gilroy
Combining Statement of Revenues, Expenditures, and Changes in Fund Balances (Continued)
Nonmajor Governmental Funds
For the Year Ended June 30, 2020
Capital Projects Funds
119
7.2.b
Packet Pg. 177 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
Gilroy Refunding 2013
Bank Community Lease Refunding
Interest Library 2010 Bond
Revenues:
Taxes -$ -$ -$ -$
Intergovernmental - - - -
Charges for services - - - -
Investment income 75,664 105,867 63,731 15,144
Miscellaneous - - - -
Total revenues 75,664 105,867 63,731 15,144
Expenditures:
Current:
General government - - 5,152 4,152
Public safety - - - -
Community development 75,667 - - -
Debt service:
Principal retirement - - 895,000 910,000
Interest and fiscal charges - - 847,207 928,770
Total expenditures 75,667 - 1,747,359 1,842,922
Revenues over (under)
expenditures (3) 105,867 (1,683,628) (1,827,778)
Other financing sources (uses):
Transfers in - - 1,747,706 1,847,270
Transfers out - - - -
Total other financing sources (uses)- - 1,747,706 1,847,270
Net Change in Fund Balances (3) 105,867 64,078 19,492
Fund balances:
Beginning of year (51) 5,123,790 1,863,653 984,049
End of year (54)$ 5,229,657$ 1,927,731$ 1,003,541$
(Continued)
Capital Projects Funds
City of Gilroy
Combining Statement of Revenues, Expenditures, and Changes in Fund Balances (Continued)
Nonmajor Governmental Funds
For the Year Ended June 30, 2020
Debt Service Funds
120
7.2.b
Packet Pg. 178 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
CA Energy Lease Revenue Total Other
Commission Bond Series Governmental
Loan 2020A Funds
Revenues:
Taxes -$ -$ 713,940$
Intergovernmental - - 5,276,844
Charges for services - - 4,400,617
Investment income 623 - 1,218,468
Miscellaneous - - 336,412
Total revenues 623 - 11,946,281
Expenditures:
Current:
General government - 21,900 31,204
Public safety - - 1,174,301
Community development - - 9,518,860
Debt service:
Principal retirement 90,582 - 1,895,582
Interest and fiscal charges 9,279 -1,785,256
Total expenditures 99,861 21,900 14,405,203
Revenues over (under)
expenditures (99,238) (21,900) (2,458,922)
Other financing sources (uses):
Transfers in 99,863 - 8,657,712
Transfers out - - (1,045,268)
Total other financing sources (uses)99,863 - 7,612,444
Net Change in Fund Balances 625 (21,900) 5,153,522
Fund balances:
Beginning of year 19,248 - 57,182,453
End of year 19,873$ (21,900)$ 62,335,975$
(Concluded)
Debt Service Funds
City of Gilroy
Combining Statement of Revenues, Expenditures, and Changes in Fund Balances (Continued)
Nonmajor Governmental Funds
For the Year Ended June 30, 2020
121
7.2.b
Packet Pg. 179 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
Variance with
Final Budget
Actual Positive
Original Final Amounts (Negative)
Revenues:
Intergovernmental 2,007,500$ 2,007,500$ 3,476,089$ 1,468,589$
Investment income 114,873 114,872 112,525 (2,347)
Miscellaneous - - 31,600 31,600
Total Revenues 2,122,373 2,122,372 3,620,214 1,497,842
Expenditures:
Current:
Community development 1,221,169 1,535,471 2,757,438 (1,221,967)
Total Expenditures 1,221,169 1,535,471 2,757,438 (1,221,967)
REVENUE OVER
(UNDER) EXPENDITURES 901,204 586,901 862,776 275,875
Other Financing Sources (Uses):
Transfers out (107,363) (107,363) (107,363) -
Total Other Financing Sources (Uses)(107,363) (107,363) (107,363) -
NET CHANGE IN FUND BALANCE 793,841$ 479,538$ 755,413 275,875$
FUND BALANCE:
Beginning of Year 5,744,524
End of Year 6,499,937$
City of Gilroy
Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual
For the Year Ended June 30, 2020
Budgeted Amounts
Gas Tax Special Revenue Fund
122
7.2.b
Packet Pg. 180 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
Variance with
Final Budget
Actual Positive
Original Final Amounts (Negative)
Revenues:
Intergovernmental 700,000$ 700,000$ 133,234$ (566,766)$
Investment income - - 513 513
Total Revenues 700,000 700,000 133,747 (566,253)
Expenditures:
Current:
Community development 1,028,000 1,533,297 57,996 1,475,301
Total Expenditures 1,028,000 1,533,297 57,996 1,475,301
REVENUE OVER
(UNDER) EXPENDITURES (328,000) (833,297) 75,751 909,048
NET CHANGE IN FUND BALANCE (328,000)$ (833,297)$ 75,751 909,048$
FUND BALANCE:
Beginning of Year (22,123)
End of Year 53,628$
City of Gilroy
Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual
Pavement Management Special Revenue Fund
For the Year Ended June 30, 2020
Budgeted Amounts
123
7.2.b
Packet Pg. 181 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
Variance with
Final Budget
Actual Positive
Original Final Amounts (Negative)
Revenues:
Intergovernmental 526,000$ 526,000$ 805,278$ 279,278$
Investment income 11,043 11,043 10,236 (807)
Miscellaneous - - 90,678 90,678
Total Revenues 537,043 537,043 906,192 369,149
Expenditures:
Current:
Public safety 574,664 998,646 881,173 117,473
Total Expenditures 574,664 998,646 881,173 117,473
REVENUE OVER
(UNDER) EXPENDITURES (37,621) (461,603) 25,019 486,622
Other Financing Sources (Uses):
Transfers in 143,664 143,664 140,265 (3,399)
Transfers out (100,000) (100,000) (185,449) (85,449)
Total Other Financing Sources (Uses)43,664 43,664 (45,184) (88,848)
NET CHANGE IN FUND BALANCE 6,043$ (417,939)$ (20,165) 397,774$
FUND BALANCE:
Beginning of Year 508,917
End of Year 488,752$
City of Gilroy
Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual
Public Safety Grants Special Revenue Fund
Budgeted Amounts
For the Year Ended June 30, 2020
124
7.2.b
Packet Pg. 182 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
Variance with
Final Budget
Actual Positive
Original Final Amounts (Negative)
Revenues:
Taxes 257,000$ 257,000$ 260,773$ 3,773$
Investment income 723 723 552 (171)
Total Revenues 257,723 257,723 261,325 3,602
Expenditures:
Current:
Public safety 292,693 292,693 293,128 (435)
Total Expenditures 292,693 292,693 293,128 (435)
REVENUE OVER
(UNDER) EXPENDITURES (34,970) (34,970) (31,803) 3,167
Other Financing Sources (Uses):
Transfers in 34,970 34,970 34,970 -
Transfers out - - (3,167) (3,167)
Total Other Financing Sources (Uses)34,970 34,970 31,803 (3,167)
NET CHANGE IN FUND BALANCE -$ -$ - -$
FUND BALANCE:
Beginning of Year 71,281
End of Year 71,281$
City of Gilroy
Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual
Prop 172 Sales Tax Special Revenue Fund
Budgeted Amounts
For the Year Ended June 30, 2020
125
7.2.b
Packet Pg. 183 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
Variance with
Final Budget
Actual Positive
Original Final Amounts (Negative)
Revenues:
Intergovernmental 509,869$ 509,869$ 445,291$ (64,578)$
Investment income 3,798 3,798 11,369 7,571
Miscellaneous - - 26,438 26,438
Total Revenues 513,667 513,667 483,098 (30,569)
Expenditures:
Current:
Community development 229,520 529,518 519,013 10,505
Total expenditures 229,520 529,518 519,013 10,505
REVENUE OVER
(UNDER) EXPENDITURES 284,147 (15,851) (35,915) (20,064)
Other Financing Sources (Uses):
Transfers out (53,500) (53,500) (55,712) (2,212)
Total Other Financing Sources (Uses)(53,500) (53,500) (55,712) (2,212)
NET CHANGE IN FUND BALANCE 230,647$ (69,351)$ (91,627) (22,276)$
FUND BALANCE:
Beginning of Year 2,225,259
End of Year 2,133,632$
City of Gilroy
Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual
Community Development Block Grant Special Revenue Fun d
Budgeted Amounts
For the Year Ended June 30, 2020
126
7.2.b
Packet Pg. 184 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
Variance with
Final Budget
Actual Positive
Original Final Amounts (Negative)
Revenues:
Investment income 5$ 5$ 4$ (1)$
Total revenues 5 5 4 (1)
Net Change in Fund Balances 5$ 5$ 4 (1)$
Fund balances:
Beginning of year 226
End of year 230$
City of Gilroy
Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual
Rehabilitation Loans Special Revenue Fund
Budgeted Amounts
For the Year Ended June 30, 2020
127
7.2.b
Packet Pg. 185 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
Variance with
Final Budget
Actual Positive
Original Final Amounts (Negative)
Revenues:
Investment income 31,441$ 31,441$ 46,405$ 14,964$
Miscellaneous 55,000 55,000 187,696 132,696
Total revenues 86,441 86,441 234,101 147,660
Expenditures:
Current:
Community development 146,913 149,713 113,110 36,603
Total expenditures 146,913 149,713 113,110 36,603
Revenues over (under)
expenditures (60,472) (63,272) 120,991 184,263
Other financing sources (uses):
Transfers in - - 12,886 12,886
Total other financing sources (uses)- - 12,886 12,886
Net Change in Fund Balances (60,472)$ (63,272)$ 133,877 197,149$
Fund balances:
Beginning of year 2,805,237
End of year 2,939,114$
City of Gilroy
Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual
Housing Trust Fund Special Revenue Fund
Budgeted Amounts
For the Year Ended June 30, 2020
128
7.2.b
Packet Pg. 186 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
Variance with
Final Budget
Actual Positive
Original Final Amounts (Negative)
Revenues:
Taxes 380,000$ 380,000$ 453,167$ 73,167$
Investment income 16,856 16,855 20,682 3,827
Total revenues 396,856 396,855 473,849 76,994
Expenditures:
Current:
Community development 329,477 329,477 291,297 38,180
Total expenditures 329,477 329,477 291,297 38,180
Net Change in Fund Balances 67,379$ 67,378$ 182,552 115,174$
Fund balances:
Beginning of year 1,052,616
End of year 1,235,168$
Budgeted Amounts
City of Gilroy
Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual
Community Facilities District Special Revenue Fund
For the Year Ended June 30, 2020
129
7.2.b
Packet Pg. 187 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
Variance with
Final Budget
Actual Positive
Original Final Amounts (Negative)
Revenues:
Intergovernmental 1,000,804$ 1,000,804$ -$ (1,000,804)$
Investment income - - 3,836 3,836
Total revenues 1,000,804 1,000,804 3,836 (996,968)
Net Change in Fund Balances 1,000,804$ 1,000,804$ 3,836 (996,968)$
Fund balances:
Beginning of year -
End of year 3,836$
Budgeted Amounts
City of Gilroy
Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual
Measure B Special Revenue Fund
For the Year Ended June 30, 2020
130
7.2.b
Packet Pg. 188 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
Variance with
Final Budget
Actual Positive
Original Final Amounts (Negative)
Revenues:
Intergovernmental 320,000$ 320,000$ 374,773$ 54,773$
Investment income 37,126 37,126 25,058 (12,068)
Total revenues 357,126 357,126 399,831 42,705
Expenditures:
Current:
Community development 133,600 977,903 897,092 80,811
Total expenditures 133,600 977,903 897,092 80,811
Net Change in Fund Balances 223,526$ (620,777)$ (497,261) 123,516$
Fund balances:
Beginning of year 1,632,697
End of year 1,135,436$
City of Gilroy
Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual
Vehicle License Fee Special Revenue Fund
Budgeted Amounts
For the Year Ended June 30, 2020
131
7.2.b
Packet Pg. 189 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
Variance with
Final Budget
Actual Positive
Original Final Amounts (Negative)
Revenues:
Intergovernmental -$ -$ 42,179$ 42,179$
Investment income 7,634 7,634 7,356 (278)
Total revenues 7,634 7,634 49,535 41,901
Net Change in Fund Balances 7,634$ 7,634$ 49,535 41,901$
Fund balances:
Beginning of year 355,990
End of year 405,525$
City of Gilroy
Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual
Los Arroyos Fund Special Revenue Fund
Budgeted Amounts
For the Year Ended June 30, 2020
132
7.2.b
Packet Pg. 190 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
Variance with
Final Budget
Actual Positive
Original Final Amounts (Negative)
Revenues:
Investment income 2,220$ 2,220$ 9,679$ 7,459$
Total revenues 2,220 2,220 9,679 7,459
Net Change in Fund Balances 2,220$ 2,220$ 9,679 7,459$
Fund balances:
Beginning of year 160,334
End of year 170,013$
City of Gilroy
Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual
CalHome Funds Special Revenue Fund
Budgeted Amounts
For the Year Ended June 30, 2020
133
7.2.b
Packet Pg. 191 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
Variance with
Final Budget
Actual Positive
Original Final Amounts (Negative)
Revenues:
Investment income 34,815$ 34,815$ 43,699$ 8,884$
Total revenues 34,815 34,815 43,699 8,884
Expenditures:
Current:
Community development 23,082 1,214,994 850,025 364,969
Total expenditures 23,082 1,214,994 850,025 364,969
Revenues over (under)
expenditures 11,733 (1,180,179) (806,326) 373,853
Other financing sources (uses):
Transfers in - - 4,690,516 4,690,516
Total other financing sources (uses)- - 4,690,516 4,690,516
Net Change in Fund Balances 11,733$ (1,180,179)$ 3,884,190 5,064,369$
Fund balances:
Beginning of year 1,483,818
End of year 5,368,008$
Budgeted Amounts
City of Gilroy
Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual
Capital Projects Fund
For the Year Ended June 30, 2020
134
7.2.b
Packet Pg. 192 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
Variance with
Final Budget
Actual Positive
Original Final Amounts (Negative)
Revenues:
Investment income 276$ 276$ 684$ 408$
Total revenues 276 276 684 408
Net Change in Fund Balances 276$ 276$ 684 408$
Fund balances:
Beginning of year 34,111
End of year 34,795$
Budgeted Amounts
City of Gilroy
Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual
BANS 2009 Financing Capital Projects Fund
For the Year Ended June 30, 2020
135
7.2.b
Packet Pg. 193 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
Variance with
Final Budget
Actual Positive
Original Final Amounts (Negative)
Revenues:
Charges for services 5,129,491$ 5,129,491$ 2,319,258$ (2,810,233)$
Investment income 302,924 302,924 268,940 (33,984)
Total revenues 5,432,415 5,432,415 2,588,198 (2,844,217)
Expenditures:
Current:
Community development 3,416,697 3,863,439 2,075,285 1,788,154
Total expenditures 3,416,697 3,863,439 2,075,285 1,788,154
Revenues over (under)
expenditures 2,015,718 1,568,976 512,913 (1,056,063)
Other financing sources (uses):
Transfers in 48,769 48,769 48,769 -
Total other financing sources (uses)48,769 48,769 48,769 -
Net Change in Fund Balances 2,064,487$ 1,617,745$ 561,682 (1,056,063)$
Fund balances:
Beginning of year 12,852,387
End of year 13,414,069$
Budgeted Amounts
City of Gilroy
Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual
Traffic Impact Capital Projects Fund
For the Year Ended June 30, 2020
136
7.2.b
Packet Pg. 194 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
Variance with
Final Budget
Actual Positive
Original Final Amounts (Negative)
Revenues:
Charges for services 74,367$ 74,367$ 9,538$ (64,829)$
Investment income 27,594 27,594 33,201 5,607
Total revenues 101,961 101,961 42,739 (59,222)
Expenditures:
Current:
Community development 155,155 197,522 7,292 190,230
Total expenditures 155,155 197,522 7,292 190,230
Revenues over (under)
expenditures (53,194) (95,561) 35,447 131,008
Other financing sources (uses):
Transfers in 1,196 1,196 1,196 -
Total other financing sources (uses)1,196 1,196 1,196 -
Net Change in Fund Balances (51,998)$ (94,365)$ 36,643 131,008$
Fund balances:
Beginning of year 2,009,875
End of year 2,046,518$
Budgeted Amounts
City of Gilroy
Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual
Storm Drains Capital Projects Fund
For the Year Ended June 30, 2020
137
7.2.b
Packet Pg. 195 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
Variance with
Final Budget
Actual Positive
Original Final Amounts (Negative)
Revenues:
Investment income 181$ 181$ 159$ (22)$
Total revenues 181 181 159 (22)
Net Change in Fund Balances 181$ 181$ 159 (22)$
Fund balances:
Beginning of year 7,933
End of year 8,092$
Budgeted Amounts
City of Gilroy
Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual
Utility Undergrounding Capital Projects Fund
For the Year Ended June 30, 2020
138
7.2.b
Packet Pg. 196 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
Variance with
Final Budget
Actual Positive
Original Final Amounts (Negative)
Revenues:
Charges for services 5,257$ 5,257$ 344$ (4,913)$
Investment income 3,032 3,032 2,673 (359)
Total revenues 8,289 8,289 3,017 (5,272)
Other financing sources (uses):
Transfers in 27 27 27 -
Total other financing sources (uses)27 27 27 -
Net Change in Fund Balances 8,316$ 8,316$ 3,044 (5,272)$
Fund balances:
Beginning of year 132,944
End of year 135,988$
Budgeted Amounts
City of Gilroy
Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual
Street Trees Development Capital Projects Fun d
For the Year Ended June 30, 2020
139
7.2.b
Packet Pg. 197 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
Variance with
Final Budget
Actual Positive
Original Final Amounts (Negative)
Revenues:
Charges for services 3,546,705$ 3,546,705$ 1,608,755$ (1,937,950)$
Investment income 323,585 323,585 266,951 (56,634)
Total revenues 3,870,290 3,870,290 1,875,706 (1,994,584)
Expenditures:
Current:
Community development 3,256,562 3,256,362 1,367,560 1,888,802
Total expenditures 3,256,562 3,256,362 1,367,560 1,888,802
Revenues over (under)
expenditures 613,728 613,928 508,146 (105,782)
Other financing sources (uses):
Transfers in 28,351 28,351 28,351 -
Transfers out (694,146) (694,146) (693,577) 569
Total other financing sources (uses)(665,795) (665,795) (665,226) 569
Net Change in Fund Balances (52,067)$ (51,867)$ (157,080) (105,213)$
Fund balances:
Beginning of year 13,533,945
End of year 13,376,865$
Budgeted Amounts
City of Gilroy
Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual
Sewer Development Capital Projects Fund
For the Year Ended June 30, 2020
140
7.2.b
Packet Pg. 198 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
Variance with
Final Budget
Actual Positive
Original Final Amounts (Negative)
Revenues:
Charges for services 870,563$ 870,563$ 462,722$ (407,841)$
Investment income 102,996 102,996 92,917 (10,079)
Total revenues 973,559 973,559 555,639 (417,920)
Expenditures:
Current:
Community development 447,806 447,806 507,085 (59,279)
Total expenditures 447,806 447,806 507,085 (59,279)
Revenues over (under)
expenditures 525,753 525,753 48,554 (477,199)
Other financing sources (uses):
Transfers in 5,893 5,893 5,893 -
Total other financing sources (uses)5,893 5,893 5,893 -
Net Change in Fund Balances 531,646$ 531,646$ 54,447 (477,199)$
Fund balances:
Beginning of year 4,601,793
End of year 4,656,240$
Budgeted Amounts
City of Gilroy
Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual
Water Development Capital Projects Fund
For the Year Ended June 30, 2020
141
7.2.b
Packet Pg. 199 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
Variance with
Final Budget
Actual Positive
Original Final Amounts (Negative)
Revenues:
Investment income -$ 3$ 75,664$ 75,661$
Total revenues - 3 75,664 75,661
Expenditures:
Current:
Community development 96,900 96,900 75,667 21,233
Total expenditures 96,900 96,900 75,667 21,233
Net Change in Fund Balances (96,900)$ (96,897)$ (3) 96,894$
Fund balances:
Beginning of year (51)
End of year (54)$
Budgeted Amounts
City of Gilroy
Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual
Bank Interest Capital Projects Fund
For the Year Ended June 30, 2020
142
7.2.b
Packet Pg. 200 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
Variance with
Final Budget
Actual Positive
Original Final Amounts (Negative)
Revenues:
Investment income 87,730$ 87,730$ 105,867$ 18,137$
Total revenues 87,730 87,730 105,867 18,137
Net Change in Fund Balances 87,730$ 87,730$ 105,867 18,137$
Fund balances:
Beginning of year 5,123,790
End of year 5,229,657$
Budgeted Amounts
City of Gilroy
Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual
Gilroy Community Library Capital Projects Fun d
For the Year Ended June 30, 2020
143
7.2.b
Packet Pg. 201 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
Variance with
Final Budget
Actual Positive
Original Final Amounts (Negative)
Revenues:
Investment income 62,500$ 62,500$ 63,731$ 1,231$
Total revenues 62,500 62,500 63,731 1,231
Expenditures:
Current:
General government 5,500 5,500 5,152 348
Debt service:
Principal retirement 895,000 895,000 895,000 -
Interest and fiscal charges 847,206 847,207 847,207 -
Total expenditures 1,747,706 1,747,707 1,747,359 348
Revenues over (under)
expenditures (1,685,206) (1,685,207) (1,683,628) 1,579
Other financing sources (uses):
Transfers in 1,747,706 1,747,706 1,747,706 -
Total other financing sources (uses)1,747,706 1,747,706 1,747,706 -
Net Change in Fund Balances 62,500$ 62,499$ 64,078 1,579$
Fund balances:
Beginning of year 1,863,653
End of year 1,927,731$
Budgeted Amounts
City of Gilroy
Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual
Refunding Lease 2010 Debt Service Fund
For the Year Ended June 30, 2020
144
7.2.b
Packet Pg. 202 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
Variance with
Final Budget
Actual Positive
Original Final Amounts (Negative)
Revenues:
Investment income -$ -$ 15,144$ 15,144$
Total revenues - - 15,144 15,144
Expenditures:
Current:
General government 8,500 8,500 4,152 4,348
Debt service:
Principal retirement 910,000 910,000 910,000 -
Interest and fiscal charges 928,770 928,770 928,770 -
Total expenditures 1,847,270 1,847,270 1,842,922 4,348
Revenues over (under)
expenditures (1,847,270) (1,847,270) (1,827,778) 19,492
Other financing sources (uses):
Transfers in 1,847,270 1,847,270 1,847,270 -
Total other financing sources (uses)1,847,270 1,847,270 1,847,270 -
Net Change in Fund Balances -$ -$ 19,492 19,492$
Fund balances:
Beginning of year 984,049
End of year 1,003,541$
Budgeted Amounts
City of Gilroy
Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual
2013 Refunding Bond Debt Service Fund
For the Year Ended June 30, 2020
145
7.2.b
Packet Pg. 203 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
Variance with
Final Budget
Actual Positive
Original Final Amounts (Negative)
Revenues:
Investment income 822$ 822$ 623$ (199)$
Total revenues 822 822 623 (199)
Expenditures:
Debt service:
Principal retirement 90,583 90,582 90,582 -
Interest and fiscal charges 9,280 9,279 9,279 -
Total expenditures 99,863 99,861 99,861 -
Revenues over (under)
expenditures (99,041) (99,039) (99,238) (199)
Other financing sources (uses):
Transfers in 99,863 99,863 99,863 -
Total other financing sources (uses)99,863 99,863 99,863 -
Net Change in Fund Balances 822$ 824$ 625 (199)$
Fund balances:
Beginning of year 19,248
End of year 19,873$
Budgeted Amounts
City of Gilroy
Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual
CA Energy Commission Loan Debt Service Fund
For the Year Ended June 30, 2020
146
7.2.b
Packet Pg. 204 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
General Liability -This fund is used to account for all expenses relating to the Citys general liability insurance. The costs are
recovered through an annual user fee which is charged to various funds.
INTERNAL SERVICE FUNDS
These funds account for goods or services provided to other departments of the City where the intent of the City is that the costs of
these goods or services are to be recovered through interdepartmental charges at the time that the goods are delivered or the services
rendered to those departments.
Fleet Services -This fund is used to account for the operations required to maintain the Citys vehicles. The costs are recovered
through an annual user fee which is charged to all departments/funds that have vehicle use. This fund also provides funding for
replacement of all the Citys vehicles on an as needed basis.
Equipment Outlay -This fund is used to allocate resources intended for the purchase of General Fund equipment costing more than
$1,000.
Workers Compensation - This fund is used to account for all expenses relating to workers compensation (i.e., injury claims,
insurance premiums, etc.). The costs are recovered through an annual user fee which is charged to all departments/funds that have
employees.
Facility Services -This fund is used to account for all expenses relating to the operation and maintenance of City facilities. The costs
are recovered through an annual user fee which is charged to all departments/funds that have facilities.
Information Technologies -This fund is used to account for all expenses relating to computer hardware, software, maintenance,
capital purchasing and other service charges. The costs are recovered through an annual user fee which is charged to all
departments/funds that have computer equipment.
Fringe Benefits -This fund is used for City paid benefits which are charged. Examples include medical, dental, disability,
unemployment, life insurance and retirement including PERS and PARS. These benefit costs are allocated to the funds based on
budget for three quarters and then reconciled to actual in the fourth quarter.
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Packet Pg. 205 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
Fleet Equipment Workers' General
Services Outlay Compensation Liability
ASSETS
Current assets:
Cash and investments 3,358,394$ 2,502,891$ 3,643,623$ 2,186,207$
Cash and investments with fiscal agent - - - -
Accounts receivable - - - -
Inventory of materials 38,973 - - -
Prepaid items - - - -
Total current assets 3,397,367 2,502,891 3,643,623 2,186,207
Noncurrent assets:
Interfund loans receivable 3,220,764 1,017,767 - -
Capital assets:
Nondepreciable - 4,404 - -
Depreciable, net 4,170,770 527,519 - -
Total capital assets 4,170,770 531,923 - -
Total noncurrent assets 7,391,534 1,549,690 - -
Total assets 10,788,901 4,052,581 3,643,623 2,186,207
Current Liabilities:
Accounts payable 163,860 39,163 33 44,423
Accrued liabilities 31,331 - 736 -
Compensated absences, current portion 6,200 - - -
Claims payable, current portion - - 792,000 117,000
Total current liabilities 201,391 39,163 792,769 161,423
Noncurrent liabilities:
Compensated absences 55,313 - - -
Claims payable - - 2,140,396 573,049
Total noncurrent liabilities 55,313 - 2,140,396 573,049
Total liabilities 256,704 39,163 2,933,165 734,472
NET POSITION:
Investment in capital assets 4,170,770 531,923 - -
Unrestricted 6,361,427 3,481,495 710,458 1,451,735
Total net position 10,532,197$ 4,013,418$ 710,458$ 1,451,735$
(Continued)
Internal Service Funds
June 30, 2020
City of Gilroy
Combining Statement of Net Position
LIABILITIES
148
7.2.b
Packet Pg. 206 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
Facility Information Fringe
Services Technologies Benefits Total
ASSETS
Current assets:
Cash and investments 1,797,086$ 5,257,205 535,057$ 19,280,463$
Cash and investments with fiscal agent - - 2,000,000 2,000,000
Accounts receivable 33,200 - - 33,200
Inventory of materials - - - 38,973
Prepaid items - 92,244 - 92,244
Total current assets 1,830,286 5,349,449 2,535,057 21,444,880
Noncurrent assets:
Interfund loans receivable - - - 4,238,531
Capital assets:
Nondepreciable - 964,815 - 969,219
Depreciable, net - 306,552 - 5,004,841
Total capital assets - 1,271,367 - 5,974,060
Total noncurrent assets - 1,271,367 - 10,212,591
Total assets 1,830,286 6,620,816 2,535,057 31,657,471
Current Liabilities:
Accounts payable 239,126 264,604 479,876 1,231,085
Accrued liabilities 41,928 37,582 54,971 166,548
Compensated absences, current portion 3,100 2,700 - 12,000
Claims payable, current portion - - - 909,000
Total current liabilities 284,154 304,886 534,847 2,318,633
Noncurrent liabilities:
Compensated absences 28,082 24,604 - 107,999
Claims payable - - - 2,713,445
Total noncurrent liabilities 28,082 24,604 - 2,821,444
Total liabilities 312,236 329,490 534,847 5,140,077
NET POSITION:
Investment in capital assets - 1,271,367 - 5,974,060
Unrestricted 1,518,050 5,019,959 2,000,210 20,543,334
TOTAL NET POSITION 1,518,050$ 6,291,326$ 2,000,210$ 26,517,394$
(Concluded)
Internal Service Funds
June 30, 2020
City of Gilroy
Combining Statement of Net Position (Continued)
LIABILITIES
149
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Packet Pg. 207 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
Fleet Equipment Workers' General
Services Outlay Compensation Liability
OPERATING REVENUES:
Charges for services 1,626,839$ 125,923$ 1,294,102$ 1,317,106$
Miscellaneous - - - 410,494
Total operating revenues 1,626,839 125,923 1,294,102 1,727,600
OPERATING EXPENSES:
Current:
Operations 1,610,201 326,580 - -
Depreciation 497,251 98,279 - -
Administration - - 220,113 103,236
Claims and judgments - - 392,803 445,585
Insurance premiums - - 224,979 1,148,402
Total operating expenses 2,107,452 424,859 837,895 1,697,223
OPERATING INCOME (LOSS)(480,613) (298,936) 456,207 30,377
NONOPERATING REVENUES:
Investment income 104,548 67,331 66,267 29,623
Total nonoperating revenues 104,548 67,331 66,267 29,623
INCOME (LOSS) BEFORE TRANSFERS (376,065) (231,605) 522,474 60,000
TRANSFERS:
Transfers in 365,000 - - -
Total transfers 365,000 - - -
CHANGES IN NET POSITION (11,065) (231,605) 522,474 60,000
NET POSITION:
Beginning of year 10,543,262 4,245,023 187,984 1,391,735
End of year 10,532,197$ 4,013,418$ 710,458$ 1,451,735$
(Continued)
Internal Service Funds
For the Year Ended June 30, 2020
City of Gilroy
Combining Statement of Revenues, Expenses, and Changes in Net Position
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Facility Information Fringe
Services Technologies Benefits Total
OPERATING REVENUES:
Charges for services 2,513,352$ 2,482,746$ 16,514,651$ 25,874,719$
Miscellaneous 188,006 3,600 - 602,100
Total operating revenues 2,701,358 2,486,346 16,514,651 26,476,819
OPERATING EXPENSES:
Current:
Operations 2,732,798 2,622,381 16,508,534 23,800,494
Depreciation - 120,821 - 716,351
Administration - - - 323,349
Claims and judgments - - - 838,388
Insurance premiums - - - 1,373,381
Total operating expenses 2,732,798 2,743,202 16,508,534 27,051,963
OPERATING INCOME (LOSS)(31,440) (256,856) 6,117 (575,144)
NONOPERATING REVENUES:
Investment income 31,440 104,329 - 403,538
Total nonoperating revenues 31,440 104,329 - 403,538
INCOME (LOSS) BEFORE TRANSFERS - (152,527) 6,117 (171,606)
TRANSFERS:
Transfers in - 1,155,166 2,000,000 3,520,166
Total transfers - 1,155,166 2,000,000 3,520,166
CHANGES IN NET POSITION - 1,002,639 2,006,117 3,348,560
NET POSITION:
Beginning of year 1,518,050 5,288,687 (5,907) 23,168,834
End of year 1,518,050$ 6,291,326$ 2,000,210$ 26,517,394$
(Concluded)
City of Gilroy
Combining Statement of Revenues, Expenses, and Changes in Net Position (Continued)
For the Year Ended June 30, 2020
Internal Service Funds
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Fleet Equipment Workers' General
Services Outlay Compensation Liability
CASH FLOWS FROM OPERATING ACTIVITIES
Cash received from customers and users 1,626,839$ 125,923$ 1,294,102$ 1,727,600$
Cash paid to suppliers for goods and services (892,131) (322,220) (219,194) (79,320)
Cash paid to employees for services (563,213) - - -
Cash paid for insurance claims - - (940,256) (1,513,891)
Net cash provided by (used in) operating activities 171,495 (196,297) 134,652 134,389
CASH FLOWS FROM NONCAPITAL
FINANCING ACTIVITIES:
Cash received from other funds 585,930 111,595 - -
Net cash provided by noncapital financing activities 585,930 111,595 - -
CASH FLOWS FROM CAPITAL AND
RELATED FINANCING ACTIVITIES:
Acquisition of capital assets (394,674) (206,870) - -
Net Cash (Used in) Capital and Related
Financing Activities (394,674)(206,870) - -
CASH FLOWS FROM INVESTING ACTIVITIES:
Interest received 104,548 67,331 66,267 29,623
Net Cash Provided by Investing Activities 104,548 67,331 66,267 29,623
Net change in cash and cash equivalents 467,299 (224,241) 200,919 164,012
RECONCILIATION OF CASH AND CASH EQUIVALENTS
TO STATEMENTOF NET POSITION:
Beginning of year 2,891,095 2,727,132 3,442,704 2,022,195
End of year 3,358,394$ 2,502,891$ 3,643,623$ 2,186,207$
CASH AND CASH EQUIVALENTS:
Cash and investments 3,358,394$ 2,502,891$ 3,643,623$ 2,186,207$
Cash and investments with fiscal agent - - - -
Total cash and cash equivalents 3,358,394$ 2,502,891$ 3,643,623$ 2,186,207$
Reconciliation of Operating Income (Loss) to
to Net Cash Provided by (used in) Operating Activities:
Operating income (loss) (480,613)$ (298,936)$ 456,207$ 30,377$
Adjustments to reconcile operating income (loss)
to net cash provided by (used in) operating activities:
Depreciation 497,251 98,279 - -
Changes in assets and liabilities:
(Increase)/decrease in accounts receivables - - - -
(Increase)/decrease in inventory of materials 8,582 - - -
(Increase)/decrease in prepaid items - 24,608 150 -
Increase/(decrease) in accounts payable 138,319 (20,248) 33 23,916
Increase/(decrease) in accrued liabilities 553 - 736 -
Increase/(decrease) in compensated absences 7,403 - - -
Increase/(decrease) in claims payable - - (322,474) 80,096
Net cash provided by (used in) operating activities 171,495$ (196,297)$ 134,652$ 134,389$
City of Gilroy
Combining Statement of Cash Flows
Internal Service Funds
For the Year Ended June 30, 2020
153
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Facility Information Fringe
Services Technologies Benefits Total
CASH FLOWS FROM OPERATING ACTIVITIES
Cash received from customers and users 2,692,048$ 2,493,546$ 16,514,651$ 26,474,709$
Cash paid to suppliers for goods and services (1,789,789) (1,947,423) (16,414,216) (21,664,293)
Cash paid to employees for services (791,055) (610,972) - (1,965,240)
Cash paid for insurance claims - - - (2,454,147)
Net cash provided by (used in) operating activities 111,204 (64,849) 100,435 391,029
CASH FLOWS FROM NONCAPITAL
FINANCING ACTIVITIES:
Cash received from other funds - 1,155,166 2,000,000 3,852,691
Net cash provided by noncapital financing activities - 1,155,166 2,000,000 3,852,691
CASH FLOWS FROM CAPITAL AND
RELATED FINANCING ACTIVITIES:
Acquisition of capital assets - (964,815) - (1,566,359)
Net Cash (Used in) Capital and Related
Financing Activities - (964,815) - (1,566,359)
CASH FLOWS FROM INVESTING ACTIVITIES:
Interest received 31,440 104,329 - 403,538
Net Cash Provided by Investing Activities 31,440 104,329 - 403,538
Net change in cash and cash equivalents 142,644 229,831 2,100,435 3,080,899
RECONCILIATION OF CASH AND CASH EQUIVALENTS
TO STATEMENTOF NET POSITION:
Beginning of year 1,654,442 5,027,374 434,622 18,199,564
End of year 1,797,086$ 5,257,205$ 2,535,057$ 21,280,463$
CASH AND CASH EQUIVALENTS:
Cash and investments 1,797,086$ 5,257,205$ 535,057$ 19,280,463$
Cash and investments with fiscal agent - - 2,000,000 2,000,000
Total cash and cash equivalents 1,797,086$ 5,257,205$ 2,535,057$ 21,280,463$
Reconciliation of Operating Income (Loss) to
to Net Cash Provided by (used in) Operating Activities:
Operating income (loss) (31,440)$ (256,856)$ 6,117$ (575,144)$
Adjustments to reconcile operating income (loss)
to net cash provided by (used in) operating activities:
Depreciation - 120,821 - 716,351
Changes in assets and liabilities:
(Increase)/decrease in accounts receivables (9,310) 7,200 - (2,110)
(Increase)/decrease in inventory of materials - - - 8,582
(Increase)/decrease in prepaid items 244 (92,244) - (67,242)
Increase/(decrease) in accounts payable 148,648 146,273 76,927 513,868
Increase/(decrease) in accrued liabilities 888 1,451 17,391 21,019
Increase/(decrease) in compensated absences 2,174 8,506 - 18,083
Increase/(decrease) in claims payable - - - (242,378)
Net cash provided by (used in) operating activities 111,204$ (64,849)$ 100,435$ 391,029$
Combining Statement of Cash Flows (Continued)
Internal Service Funds
For the Year Ended June 30, 2020
City of Gilroy
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These funds account for assets held by the City on behalf of other organizations.
Henry Miller - This fund is used to account for a donation from Henry Miller. The annual interest earned on the original donation
of $15,000 is the amount donated to the poor of Gilroy each Christmas season.
Deposit Revolving - This fund is used to account for miscellaneous deposits, revolving deposits from developers and refundable
deposits received in advance for rental of City facilities.
Gilroy Junior Golf - This fund is used to account for entry fees received from participants in junior golf tournaments and is used to
pay associated costs such as trophies, supplies and officials.
Softball Advisory Board - This fund is used to pay for program expense such as trophies, T-shirts, supplies, umpires, scorekeepers
and donations to other recreation programs.
AGENCY FUNDS
Payroll Withholdings - This fund is used to establish the liabilities for payroll withholdings and their subsequent payment to
outside agencies.
Museum Trust -This fund was established by the sale of a vase by the Gilroy Museum. The purpose in selling the vase was to
create an endowment for the museum. This would generate interest income for the museum.
Senior Advisory Board - This fund is used to account for revenues that come from fund raising and donations. The funds are used
to buy equipment for the Senior Center.
Employee Wellness - This fund is used to account for the employee organization designed to provide recreational and educational
programs to foster the City employees mental and physical health.
Barney J. Garcia EMS Training - This fund is used to account for a donation from the family of Barney J. Garcia. The family has
restricted the use of donations and interest earnings to the purchase of Fire EMS training equipment only.
Highway 152 Series 2002 - This fund is used to account for special assessments collected and pay the bonded indebtedness for the
Highway 152 Series 2002 improvements.
Highway 152 Series 2006 - This fund is used to account for special assessments collected and pay the bonded indebtedness for the
Highway 152 Series 2006 improvements.
Highway 152 Series 2018 - This fund is used to account for special assessments collected and pay the bonded indebtedness for the
Highway 152 Series 2018 Bonds.
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Gilroy Softball Senior
Henry Deposit Junior Advisory Advisory
Miller Revolving Golf Board Board
Assets:
Cash and investments 17,238$ 3,528,963$ 3,867$ 3,167$ 8,345$
Cash and investments with fiscal agent - - - - -
Accounts receivable - 6,751 - - -
Due from County - - - - -
Total Assets 17,238$ 3,535,714$ 3,867$ 3,167$ 8,345$
Liabilities:
Accounts payable -$ 472,499$ -$ -$ -$
Due to bondholders - - - - -
Unearned revenue - 197,173 - - -
Deposits payable 17,238 2,866,042 3,867 3,167 8,345
Total Liabilities 17,238$ 3,535,714$ 3,867$ 3,167$ 8,345$
(Continued)
City of Gilroy
Combining Statement of Fiduciary Assets and Liabilities
Agency Funds
June 30, 2020
157
7.2.b
Packet Pg. 215 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
Employee Barney J Garcia Highway 152 Highway 152
Wellness EMS Training Series 2002 Series 2006
Assets:
Cash and investments 4,154$ 2,390$ -$ -$
Cash and investments with fiscal agent - - - -
Accounts receivable - - - -
Due from County - - 544 709
Total Assets 4,154$ 2,390$ 544$ 709$
Liabilities:
Accounts payable -$ -$ -$ -$
Due to bondholders - - 544 709
Unearned revenue - - - -
Deposits payable 4,154 2,390 - -
Total Liabilities 4,154$ 2,390$ 544$ 709$
(Continued)
City of Gilroy
Combining Statement of Fiduciary Assets and Liabilities (Continued)
Agency Funds
June 30, 2020
158
7.2.b
Packet Pg. 216 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
Highway 152 Payroll Museum
Series 2018 Withholdings Trust Total
Assets:
Cash and investments 791,205$ 15,000$ 44,632$ 4,418,961$
Cash and investments with fiscal agent 291,501 - - 291,501
Accounts receivable - 9 - 6,760
Due from County - - - 1,253
Total Assets 1,082,706$ 15,009$ 44,632$ 4,718,475$
Liabilities:
Accounts payable -$ -$ -$ 472,499$
Due to bondholders 1,082,706 - - 1,083,959
Unearned revenue - - - 197,173
Deposits payable - 15,009 44,632 2,964,844
Total Liabilities 1,082,706$ 15,009$ 44,632$ 4,718,475$
(Concluded)
City of Gilroy
Combining Statement of Fiduciary Assets and Liabilities (Continued)
Agency Funds
June 30, 2020
159
7.2.b
Packet Pg. 217 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
Balance Balance
July 01, 2019 Additions Deletions June 30, 2020
HENRY MILLER
Assets:
Cash and investments 17,308$ 343$ (413)$ 17,238$
Total Assets 17,308$ 343$ (413)$ 17,238$
Liabilities:
Deposits payable 17,308$ 343$ (413)$ 17,238$
Total Liabilities 17,308$ 343$ (413)$ 17,238$
DEPOSIT REVOLVING
Assets:
Cash and investments 3,440,462$ 4,027,711$ (3,939,210)$ 3,528,963$
Accounts receivable 7,027 25,374 (25,650) 6,751
Total Assets 3,447,489$ 4,053,085$ (3,964,860)$ 3,535,714$
Liabilities:
Accounts payable 89,958$ 1,647,307$ (1,264,766)$ 472,499$
Unearned revenue 54,089 - 143,084 197,173
Deposits payable 3,303,442 2,405,778 (2,843,178) 2,866,042
Total Liabilities 3,447,489$ 4,053,085$ (3,964,860)$ 3,535,714$
GILROY JUNIOR GOLF
Assets:
Cash and investments 3,791$ 76$ -$ 3,867$
Total Assets 3,791$ 76$ -$ 3,867$
Liabilities:
Deposits payable 3,791$ 76$ -$ 3,867$
Total Liabilities 3,791$ 76$ -$ 3,867$
(Continued)
City of Gilroy
Combining Statement of Changes in Fiduciary Assets and Liabilities
Agency Funds
For the Year Ended June 30, 2020
160
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Balance Balance
July 01, 2019 Additions Deletions June 30, 2020
SOFTBALL ADVISORY BOARD
Assets:
Cash and investments 3,105$ 62$ -$ 3,167$
Total Assets 3,105$ 62$ -$ 3,167$
Liabilities:
Deposits payable 3,105$ 62$ -$ 3,167$
Total Liabilities 3,105$ 62$ -$ 3,167$
SENIOR ADVISORY BOARD
Assets:
Cash and investments 8,535$ 832$ (1,022)$ 8,345$
Total Assets 8,535$ 832$ (1,022)$ 8,345$
Liabilities:
Accounts payable 18$ -$ (18)$ -$
Deposits payable 8,517 832 (1,004) 8,345
Total Liabilities 8,535$ 832$ (1,022)$ 8,345$
EMPLOYEE WELLNESS
Assets:
Cash and investments 1,742$ 5,953$ (3,541)$ 4,154$
Total Assets 1,742$ 5,953$ (3,541)$ 4,154$
Liabilities:
Accounts payable 20$ -$ (20)$ -$
Deposits payable 1,722 5,953 (3,521) 4,154
Total Liabilities 1,742$ 5,953$ (3,541)$ 4,154$
BARNEY J. GARCIA EMS TRAINING
Assets:
Cash and investments 2,343$ 47$ -$ 2,390$
Total Assets 2,343$ 47$ -$ 2,390$
Liabilities:
Deposits payable 2,343$ 47$ -$ 2,390$
Total Liabilities 2,343$ 47$ -$ 2,390$
(Continued)
Combining Statement of Changes in Fiduciary Assets and Liabilities (Continued)
Agency Funds
For the Year Ended June 30, 2020
City of Gilroy
161
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Balance Balance
July 01, 2019 Additions Deletions June 30, 2020
HIGHWAY 152 SERIES 2002
Assets:
Due from County 237$ 544$ (237)$ 544$
Total Assets 237$ 544$ (237)$ 544$
Liabilities:
Due to bondholders 237$ 544$ (237)$ 544$
Total Liabilities 237$ 544$ (237)$ 544$
HIGHWAY 152 SERIES 2006
Assets:
Cash and investments 1,008$ -$ (1,008)$ -$
Due from County 308 401 - 709
Total Assets 1,316$ 401$ (1,008)$ 709$
Liabilities:
Due to bondholders 1,316$ 401$ (1,008)$ 709$
Total Liabilities 1,316$ 401$ (1,008)$ 709$
HIGHWAY 152 SERIES 2018
Assets:
Cash and investments 743,211$ 910,696$ (862,702)$ 791,205$
Cash and investments with fiscal agent 295,479 3,805 (7,783) 291,501
Total Assets 1,038,690$ 914,501$ (870,485)$ 1,082,706$
Liabilities:
Due to bondholders 1,038,690$ 914,501$ (870,485)$ 1,082,706$
Total Liabilities 1,038,690$ 914,501$ (870,485)$ 1,082,706$
PAYROLL WITHHOLDINGS
Assets:
Cash and investments 2,816$ 19,223,699$ (19,211,515)$ 15,000$
Accounts receivable - 9 - 9
Total Assets 2,816$ 19,223,708$ (19,211,515)$ 15,009$
Liabilities:
Deposits payable 2,816$ 19,223,708$ (19,211,515)$ 15,009$
Total Liabilities 2,816$ 19,223,708$ (19,211,515)$ 15,009$
(Continued)
Agency Funds
City of Gilroy
Combining Statement of Changes in Fiduciary Assets and Liabilities (Continued)
For the Year Ended June 30, 2020
162
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Packet Pg. 220 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
Balance Balance
July 01, 2019 Additions Deletions June 30, 2020
MUSEUM TRUST
Assets:
Cash and investments 43,754$ 2,182$ (1,304)$ 44,632$
Total Assets 43,754$ 2,182$ (1,304)$ 44,632$
Liabilities:
Deposits payable 43,754$ 2,182$ (1,304)$ 44,632$
Total Liabilities 43,754$ 2,182$ (1,304)$ 44,632$
TOTAL ALL AGENCY FUNDS
Assets:
Cash and investments 4,268,075$ 24,171,601$ (24,020,715)$ 4,418,961$
Cash and investments with fiscal agent 295,479 3,805 (7,783) 291,501
Accounts receivable 7,027 25,383 (25,650) 6,760
Due from County 545 945 (237) 1,253
Total Assets 4,571,126$ 24,201,734$ (24,054,385)$ 4,718,475$
Liabilities:
Accounts payable 89,996$ 1,647,307$ (1,264,804)$ 472,499$
Due to bondholders 1,040,243 915,446 (871,730) 1,083,959
Unearned revenue 54,089 - 143,084 197,173
Deposits payable 3,386,798 21,638,981 (22,060,935) 2,964,844
Total Liabilities 4,571,126$ 24,201,734$ (24,054,385)$ 4,718,475$
(Concluded)
City of Gilroy
Combining Statement of Changes in Fiduciary Assets and Liabilities (Continued)
Agency Funds
For the Year Ended June 30, 2020
163
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ADDITIONAL SCHEDULES
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Fleet Equipment Workers'
Sewer Water Services Outlay Compensation
BEGINNING RESOURCES AVAILABLE:
Depreciation reserve 9,274,721$ 16,133,247$ 9,046,441$ 3,545,699$ -$
Operating reserve 13,104,754 4,896,964 (2,769,971) 251,384 3,442,704
Total beginning resources 22,379,475$ 21,030,211$ 6,276,470$ 3,797,083$ 3,442,704$
Source of Funds:
Revenues 12,872,189$ 14,572,310$ 1,626,839$ 125,923$ 1,294,102$
Investment income 561,664 607,469 104,548 67,331 66,267
Miscellaneous revenue - 18,663 - - -
Capital contributions 1,655,291 783,826 - - -
Interfund transfers in 693,577 - 365,000 - -
Total sources 15,782,721 15,982,268 2,096,387 193,254 1,360,369
Use of Funds:
Expenditures (excluding depreciation) 10,860,780 11,278,642 1,610,201 326,580 837,895
Interest paid 192,327 - - - -
Principal paid 2,150,000 - - - -
Capital assets constructed/acquired (1,146,655) 1,807,812 394,674 206,870 -
Interfund transfers out 100,000 145,730 - - -
Total uses 12,156,452 13,232,184 2,004,875 533,450 837,895
Adjustments:
Adjustments for other assets and liabilities (3,268,852) 554,425 15,985 24,608 (322,324)
Total adjustments (3,268,852) 554,425 15,985 24,608 (322,324)
Total changes in resources 357,417 3,304,509 107,497 (315,588) 200,150
Ending resources available 22,736,892$ 24,334,720$ 6,383,967$ 3,481,495$ 3,642,854$
RECAP RESOURCES AVAILABLE:
Depreciation reserve 10,777,708$ 17,458,385$ 9,543,692$ 3,643,978$ -$
Operating reserve 11,959,184 6,876,335 (3,159,725) (162,483) 3,642,854
Total ending resources 22,736,892$ 24,334,720$ 6,383,967$ 3,481,495$ 3,642,854$
ANALYSIS OF DEPRECIATION RESERVE:
Beginning Balance 9,274,721$ 16,133,247$ 9,046,441$ 3,545,699$ -$
2019-20 depreciation 1,502,987 1,325,138 497,251 98,279 -
Total depreciation reserve 10,777,708$ 17,458,385$ 9,543,692$ 3,643,978$ -$
(Continued)
City of Gilroy
Analysis of Available Resources - Selected Funds
For the Year Ended June 30, 2020
166
7.2.b
Packet Pg. 224 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
General Facility Information Fringe
Liability Services Technologies Benefits Total
BEGINNING RESOURCES AVAILABLE:
Depreciation reserve -$ 4,057$ 6,822,333$ -$ 44,826,498$
Operating reserve 2,001,688 1,542,757 (1,942,221) (5,907) 20,522,152
Total beginning resources 2,001,688$ 1,546,814$ 4,880,112$ (5,907)$ 65,348,650$
Source of Funds:
Revenues 1,317,106$ 2,513,352$ 2,482,746$ 16,514,651$ 53,319,218$
Investment income 29,623 31,440 104,329 - 1,572,671
Miscellaneous revenue 410,494 188,006 3,600 - 620,763
Capital contributions - - - - 2,439,117
Interfund transfers in - - 1,155,166 2,000,000 4,213,743
Total sources 1,757,223 2,732,798 3,745,841 18,514,651 62,165,512
Use of Funds:
Expenditures (excluding depreciation) 1,697,223 2,732,798 2,622,381 16,508,534 48,475,034
Interest paid - - - - 192,327
Principal paid - - - - 2,150,000
Capital assets constructed/acquired - - 964,815 - 2,227,516
Interfund transfers out - - - - 245,730
Total uses 1,697,223 2,732,798 3,587,196 16,508,534 53,290,607
Adjustments:
Adjustments for other assets and liabilities 80,096 2,418 (83,738) - (2,997,382)
Total adjustments 80,096 2,418 (83,738) - (2,997,382)
Total changes in resources 140,096 2,418 74,907 2,006,117 5,877,523
Ending resources available 2,141,784$ 1,549,232$ 4,955,019$ 2,000,210$ 71,226,173$
RECAP RESOURCES AVAILABLE:
Depreciation reserve -$ 4,057$ 6,943,154$ -$ 48,370,974$
Operating reserve 2,141,784 1,545,175 (1,988,135) 2,000,210 22,855,199
Total ending resources 2,141,784$ 1,549,232$ 4,955,019$ 2,000,210$ 71,226,173$
ANALYSIS OF DEPRECIATION RESERVE:
Beginning Balance -$ 4,057$ 6,822,333$ -$ 44,826,498$
2019-20 depreciation - - 120,821 - 3,544,476
Total depreciation reserve -$ 4,057$ 6,943,154$ -$ 48,370,974$
(Concluded)
City of Gilroy
Analysis of Available Resources - Selected Funds (Continued)
For the Year Ended June 30, 2020
167
7.2.b
Packet Pg. 225 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
Fleet Equipment Workers'
Sewer Water Services Outlay Compensation
BEGINNING RESOURCES AVAILABLE:
Cash 20,308,838$ 21,271,226$ 2,891,095$ 2,727,132$ 3,442,704$
Receivables 2,261,086 1,293,034 3,441,694 1,129,362 -
Payables (190,449) (1,534,049) (56,319) (59,411) -
Total beginning working capital 22,379,475$ 21,030,211$ 6,276,470$ 3,797,083$ 3,442,704$
ENDING RESOURCES AVAILABLE:
Cash 21,275,726$ 23,247,633$ 3,358,394$ 2,502,891$ 3,643,623$
Receivables 1,685,038 1,954,597 3,220,764 1,017,767 -
Payables (223,872) (867,510) (195,191) (39,163) (769)
Total ending working capital 22,736,892$ 24,334,720$ 6,383,967$ 3,481,495$ 3,642,854$
(Continued)
City of Gilroy
Composition of Available Resources - Selected Funds
June 30, 2020
168
7.2.b
Packet Pg. 226 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
General Facility Information Fringe
Liability Services Technologies Benefits Total
BEGINNING RESOURCES AVAILABLE:
Cash 2,022,195$ 1,654,442$ 5,027,374$ 434,622$ 59,779,628$
Receivables - 23,890 7,200 - 8,156,266
Payables (20,507) (131,518) (154,462) (440,529) (2,587,244)
Total beginning working capital 2,001,688$ 1,546,814$ 4,880,112$ (5,907)$ 65,348,650$
ENDING RESOURCES AVAILABLE:
Cash 2,186,207$ 1,797,086$ 5,257,205$ 2,535,057$ 65,803,822$
Receivables - 33,200 - - 7,911,366
Payables (44,423) (281,054) (302,186) (534,847) (2,489,015)
Total ending working capital 2,141,784$ 1,549,232$ 4,955,019$ 2,000,210$ 71,226,173$
(Concluded)
City of Gilroy
Composition of Available Resources - Selected Funds (Continued)
June 30, 2020
169
7.2.b
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Packet Pg. 228 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
City of Gilroy
Annual Report Filings
For Fiscal Year 2019-20
171
(1) Gilroy Community Library Project:
$8,633,538
CITY OF GILROY
2019 General Obligation Refunding Bonds Series A
(Gilroy Community Library Project)
$19,087,551
CITY OF GILROY
2019 General Obligation Bonds Series B
(Gilroy Community Library Project)
(a) Audited financial statements for the City for Fiscal Year 2019-2020.
This exhibit is attached to the Citys audited financial statements.
(b) Financial information and operating data.
(i) Assessed value of taxable property within the jurisdiction of the City.
CITY OF GILROY
Assessed Valuations of All Taxable Property
Fiscal Years 2015-16 to 2020-21
Fiscal Year
Gross Local
Secured(1)
Net Local
Secured(2)Net Utility(3) Net Unsecured(4) Total(2)
2015-16 $ 6,798,621,370 $ 6,752,750,370 $ 47,030,836 $ 268,445,327 $ 7,068,226,533
2016-17 7,385,130,561 7,338,552,561 42,130,836 273,713,487 7,654,396,884
2017-18 7,872,947,886 7,825,703,486 39,330,836 263,667,226 8,128,701,548
2018-19 8,445,397,378 8,397,307,378 38,939,704 256,724,279 8,692,971,361
2019-20 9,001,686,593 8,953,812,193 32,539,704 257,410,089 9,243,761,986
2020-21 9,557,360,668 9,510,019,668 29,739,704 267,854,749 9,807,614,121
________________
(1) Before deduction of homeowners exemptions.
(2) Net of homeowners exemptions.
(3) Beginning in Fiscal Year 1988-89, Chapter 921 of the Statutes of 1987 requires the establishment of a single Countywide tax area
for the assignment of the assessed value of certain types of State-assessed utility property and sets forth formulas for the
determination of Countywide tax rates for this particular type of property. This statute also spells out how to distribute the taxes
which have been collected from the bills derived from this value and specified tax rate.
(4) Does not include aircraft.
Source: Santa Clara County Auditor-Controllers Office
7.2.b
Packet Pg. 229 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
City of Gilroy
Annual Report Filings (Continued)
For Fiscal Year 2019-20
172
(1) Gilroy Community Library Project: (Continued)
(iii) If and to the extent such information is available from the County, property tax collection delinquencies
for the City if the City is no longer a participant in Santa Clara Countys Teeter Plan.
The County is not able to provide tax levy and delinquency information to the City because the County
has adopted the Teeter Plan, which means it pays to the City the amount of taxes levied rather than the
amount collected. The City will make this information available if and when it becomes available from
the County.
(iv) Amount of all general obligation debt of the City outstanding, and total scheduled debt service on such
general obligation debt.
Please see information in the audited financial statements.
(v) Any changes in the operation of Santa Clara Countys Teeter Plan since the previous Annual Report
affecting the Citys receipt of property tax revenues used to pay debt service on the Bonds.
The City is not aware of any changes in the operation of Santa Clara Countys Teeter Plan since the
previous Annual Report affecting the Citys receipt of property tax revenues used to pay debt service.
7.2.b
Packet Pg. 230 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
City of Gilroy
Annual Report Filings (Continued)
For Fiscal Year 2019-20
173
(2) Gilroy Public Facilities Financing Authority:
$24,475,000
GILROY PUBLIC FACILITIES FINANCING AUTHORITY
Refunding Lease Revenue Bonds, Series 2010
$23,120,000
GILROY PUBLIC FACILITIES FINANCING AUTHORITY
Refunding Lease Revenue Bonds, Series 2013
(a) Audited financial statements for the City for Fiscal Year 2019-2020.
This exhibit is attached to the Citys audited financial statements.
(b) Financial information and operating data.
(i) Principal amount of Notes/Bonds outstanding.
Please see information in the audited financial statements.
(ii) Balance in each fund under the Trust Agreement as of June 30, preceding the filing of the Annual
Report.
CITY OF GILROY
Balance under the Trust Agreement as of June 30, 2020
Financing Authority Type
Year
Account
Name Shares/Units
Cost Basis
Market Value
Gilroy Public Facilities
Financing Authority
Lease Revenue
Bonds
Series
2010
Reserve
$1,744,606
$1,744,606
$1,744,606
Gilroy Public Facilities
Financing Authority
Lease Revenue
Bonds
Series
2013
Reserve
922,096
922,096
922,096
(iii) General fund summary of revenues and expenditures.
Please see information in the audited financial statements.
(iv) General fund balance sheet.
Please see information in the audited financial statements.
7.2.b
Packet Pg. 231 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
City of Gilroy
Annual Report Filings (Continued)
For Fiscal Year 2019-20
174
(2) Gilroy Public Facilities Financing Authority: (Continued)
(v) General fund budget for the then-current fiscal year.
REVENUES
Taxes 45,168,333$
Licenses & Permits 3,662,546
Intergovernmental 142,000
Charges for Services 5,628,041
Fines 262,730
Investment Income 475,334
Miscellaneous 1,659,975
Total Revenues 56,998,959$
EXPENDITURES
Personnel Expense 39,166,463$
Maintenance and Services 5,211,904
Interfund, charges, allocations & other 7,982,305
Total Expenditures 52,360,672$
Budget 2020 - 21
Also, please see information in the audited financial statements.
(vi) General fund tax revenues by source.
Source Audited Audited Audited Audited Audited
Revenues 2015 - 16 2016 - 17 2017 - 18 2018 - 19 2019 - 20
Sales Tax 17,884,735$ 18,827,189$ 20,186,105$ 20,186,105$ 17,233,882$
Property Taxes (1) 11,468,510 12,278,552 18,827,189 14,476,481 15,595,639
Utility Users Tax 4,610,631 4,748,382 4,666,131 4,721,529 5,177,426
Motor Vehicle in lieu of Taxes 21,385 24,715 29,444 26,695 44,265
Franchise Taxes 1,569,059 1,623,952 1,713,690 1,669,817 1,855,622
Transient Occupancy Taxes 1,676,691 1,709,332 1,722,355 1,771,882 1,237,812
Document Transfer Taxes 505,957 516,105 526,583 372,284 489,775
Total 37,736,968$ 39,728,227$ 47,671,497$ 43,224,793$ 41,634,421$
(1) Property tax revenue includes secured, unsecured and supplemental property tax revenue along with penalties and interest.
Source: City of Gilroy Finance Department
City of Gilroy
General Fund Tax Revenues by Source
For Fiscal Years 2015 - 16 through 2019 - 20
7.2.b
Packet Pg. 232 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
City of Gilroy
Annual Report Filings (Continued)
For Fiscal Year 2019-20
175
(2) Gilroy Public Facilities Financing Authority: (Continued)
(vii) Sales tax rates.
CITY OF GILROY
Sales Tax Rates
Effective January 1, 2020
State 6.0%
Santa Clara County Transportation Funds 0.25
City 1.00
Santa Clara County Transit District 0.50
Santa Clara County Valley Transportation Authority (VTA) 0.50
Santa Clara County Retail Transactions and Use Tax 0.125
Santa Clara VTA Bay Area Rapid Transit (BART) 0.125
Silicon Valley Transportation Solutions Tax 0.50_
Total 9.00%
Source: California State Board of Equalization.
(viii) Assessed valuation of property in the City.
Please see (1)(b)(i) above.
(ix) Updated descriptions of outstanding general fund debt and lease obligations.
Please see information in the audited financial statements.
7.2.b
Packet Pg. 233 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
City of Gilroy
Annual Report Filings (Continued)
For Fiscal Year 2019-20
176
(3) Wastewater Revenue Refunding Bonds:
$23,375,000
CITY OF GILROY
2010 Wastewater Revenue Refunding Bonds
(a) Audited financial statements for the City for Fiscal Year 2019-20.
This exhibit is attached to the Citys audited financial statements.
(b) Financial information and operating data.
(i) Principal amount of Bonds outstanding.
$7,080,000
(ii) Balance in the Reserve Fund and a statement of the Reserve Requirement.
Reserve Fund Balance as of June 30, 2020: $2,621,011.
Reserve Requirement: $2,621,000. Reserve Requirement is defined in the Indenture to mean an
amount equal to the maximum amount of principal of and interest on the Bonds coming due and
payable in the current or any future Bond Year including the principal of any Term Bonds required to
be redeemed in such Bond Year under the Indenture.
(iii) Updated wastewater system information:
CITY OF GILROY WASTEWATER SYSTEM
Wastewater Flow
Fiscal Years 2014-15 through 2019-20
Fiscal Year
SCRWA
Treatment Facility
Total Flow
(MG/Year)
SCRWA
Treatment Facility
Million Gallons
p er Day (MGD)
City of Gilroy
Flow (MG/Year)
City % Share of
SCRWA
Treatment Facility
Flow
2014 - 15 2,186.40 5.99 1,278.96 58
2015 - 16 2,185.58 5.97 1,311.35 60
2016 - 17 2,763.99 7.60 1,761.18 63
2017 - 18 2,250.28 6.16 1,413.14 61
2018 - 19 2,427.24 6.66 1,539.50 63
2019 - 20 2,255.70 6.18 1,398.54 62
Source: City of Gilroy
Historical Revenues and Expenses: Please see information in the audited financial statements.
7.2.b
Packet Pg. 234 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
City of Gilroy
Annual Report Filings (Continued)
For Fiscal Year 2019-20
177
(3) Wastewater Revenue Refunding Bonds (Continued)
CITY OF GILROY WASTEWATER SYSTEM
Historical Debt Service Coverage
2015 - 16 2016 - 17 2017 - 18 2018 - 19 2019 - 20
Gross Revenue
Charges for services 11,773,938$ 18,827,189$ 20,186,105$ 20,186,105$ 17,233,882$
Investment income 210,826 12,278,552 18,827,189 14,476,481 15,595,639
Available rate stabilization fund balance - 4,748,382 4,666,131 4,721,529 5,177,426
Transfers from sewer impact fund 700,111 24,715 29,444 26,695 44,265
Total Gross Revenue 12,684,875 13,529,576 13,658,483 14,192,732 14,127,430
Operating Expenses:
Operations (7,296,107) (7,454,895) (746,650) (8,339,489) (9,462,155)
Billing (612,551) (594,654) (618,400) (668,982) (730,892)
Administration (500,398) (472,465) (558,846) (706,101) (667,733)
Total Operating Expenses (8,409,056) (8,522,014) (1,923,896) (9,714,572) (10,860,780)
Net Wastewater System Revenues 4,275,819 5,007,562 5,014,587 4,478,160 3,266,650
Series 1999 Installment Payments 2,566,550 2,558,687 2,562,738 2,557,625 2,557,750
Refunding Series 2010 Payments
Gross Revenue Debt Service Coverage 494.24% 528.77% 532.96% 554.92% 552.34%
Net Revenue Debt Service Coverage 166.60% 195.71% 195.67% 175.09% 127.72%
Funds Available
Sewer Development Capital Project Fund 11,481,078 12,964,741 14,534,002 15,040,842 13,376,865
Sewer Fund Cash and Cash Equivalent 18,537,029 16,777,330 17,391,216 17,687,792 18,610,720
Rate Stabilization Fund 750,000 750,000 750,000 750,000 750,000
Total Funds Available 30,768,107$ 30,492,071$ 32,675,218$ 33,478,634$ 32,737,585$
Days Cash on Hand (Sewer Fund
Cash/Cash Equivalent) 805 719 734 665 625
Source: City of Gilroy
(iv) A summary of any changes in the Citys wastewater service charges since the date of the previous
Annual Report.
Effective July 1, 2019, the City of Gilroy implemented a wastewater rate increase in accordance with the rate analysis
study approved in August 2015. This represents a 3% increase in the fixed monthly charge for non-residential
wastewater rates.
The increases noted in the rate structure will help to ensure that sufficient funding is collected to operate and maintain
the capital infrastructure of the wastewater system.
(v) A description of any Parity Debt issued during the most recently completed fiscal year.
None
7.2.b
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178
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7.2.b
Packet Pg. 236 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
STATISTICAL SECTION
17
7.2.b
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1
7.2.b
Packet Pg. 238 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
Contents Page
Financial Trends 182-191
Revenue Capacity 192-199
Debt Capacity 200-207
Demographic and Economic Information 209-210
Operating Information 211-215
STATISTICAL SECTION
(Unaudited)
This part of the City of Gilroy's comprehensive annual financial report presents detailed information as a context for understanding
what the information in the financial statements, note disclosures, and required supplementary information says about the City's
overall financial health.
These tables contain trend information to help the reader understand how the City's financial
performance and well-being have changed over time.
Sources: Unless otherwise noted, the information in these tables is derived from the comprehensive
annual financial reports for the relevant year.
These tables contain information to help the reader assess the City's most significant local
revenue source, the property tax.
These tables present information to help the reader assess the affordability of the City's current
levels of outstanding debt and the City's ability to issue additional debt in the future.
These tables offer demographic and economic indicators to help the reader understand the
environment within which the City's financial activities take place.
These tables contain service and infrastructure data to help the reader understand how the
information in the City's financial report relates to the services the City provides and the
activities it performs.
181
7.2.b
Packet Pg. 239 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
2011 2012 2013 2014 2015
Governmental Activities:
Net investment in capital assets 186,497,667$ 180,031,582$ 170,944,637$ 162,950,296$ 167,625,947$
Restricted 16,148,971 19,257,961 19,616,322 24,277,233 22,320,085
Unrestricted 21,373,299 25,031,844 26,414,676 28,892,199 (26,524,001)
Total governmental activities net position 224,019,937 224,321,387 216,975,635 216,119,728 163,422,031
Business-type Activities:
Net investment in capital assets 96,128,432 93,390,622 91,165,074 88,728,174 90,335,349
Restricted - - - - -
Unrestricted 75,964,187 79,652,868 82,012,944 85,736,094 84,832,390
Total business-type activities net position 172,092,619 173,043,490 173,178,018 174,464,268 175,167,739
Primary Government:
Net investment in capital assets 282,626,099 273,422,204 262,109,711 251,678,470 257,961,296
Restricted 16,148,971 19,257,961 19,616,322 24,277,233 22,320,085
Unrestricted 97,337,486 104,684,712 108,427,620 114,628,293 58,308,389
Total primary government net position 396,112,556$ 397,364,877$ 390,153,653$ 390,583,996$ 338,589,770$
Fiscal Year
City of Gilroy
Net Position By Component
Last Ten Fiscal Years
(accrual basis of accounting)
182
7.2.b
Packet Pg. 240 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
2016 2017 2018 2019* 2020
Governmental Activities:
Net investment in capital assets 159,684,128$ 154,863,285$ 159,069,886$ 156,883,868$ 151,904,792$
Restricted 35,564,991 41,636,040 48,731,281 50,690,981 57,137,761
Unrestricted (25,032,197) (25,229,815) (36,193,491) (29,324,573) (42,674,183)
Total governmental activities net position 170,216,922 171,269,510 171,607,676 178,250,276 166,368,370
Business-type Activities:
Net investment in capital assets 90,917,108 88,183,287 87,336,604 91,134,932 86,503,324
Restricted - - - (2,952,971) -
Unrestricted 88,668,400 93,612,020 98,375,675 91,617,982 97,543,664
Total business-type activities net position 179,585,508 181,795,307 185,712,279 179,799,943 184,046,988
Primary Government:
Net investment in capital assets 250,601,236 243,046,572 246,406,490 248,018,800 238,408,116
Restricted 35,564,991 41,636,040 48,731,281 47,738,010 57,137,761
Unrestricted 63,636,203 68,382,205 62,182,184 62,293,409 54,869,481
Total primary government net position 349,802,430$ 353,064,817$ 357,319,955$ 358,050,219$ 350,415,358$
*Balances have been restated. See Note 15 -Prior Period Adjustment to the basic financial statements.
Fiscal Year
City of Gilroy
Net Position By Component (Continued)
Last Ten Fiscal Years
(accrual basis of accounting)
183
7.2.b
Packet Pg. 241 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
2011 2012 2013 2014 2015
Expenses:
Governmental activities:
General government 3,385,407$ 11,895,682$ 3,732,098$ 3,795,033$ 3,619,582$
Public safety 24,069,357 5,995,050 28,747,964 29,696,344 30,273,444
Community development 14,423,744 14,271,031 15,485,705 14,824,460 15,901,215
Community services 6,355,948 180,845 7,686,862 7,726,938 7,807,765
Interest and other charges 3,666,139 16,654,681 3,226,789 3,744,396 3,406,855
Total governmental activities expenses 51,900,595 48,997,289 58,879,418 59,787,171 61,008,861
Business-type activities
Sewer 9,599,950 11,575,152 10,206,770 9,929,622 9,806,990
Water 6,508,446 11,428,662 8,081,041 8,642,660 8,329,710
Total business-type activities expenses 16,108,396 23,003,814 18,287,811 18,572,282 18,136,700
Total primary government expenses 68,008,991$ 72,001,103$ 77,167,229$ 78,359,453$ 79,145,561$
Program revenues:
Governmental activities:
Charges for services:
General government 1,008,468$ 7,623$ 1,119,217$ 1,415,106$ 2,096,137$
Public safety 926,399 1,055,373 1,004,530 897,059 1,030,410
Community development 2,959,139 767,444 3,866,305 5,434,764 7,385,391
Community services 603,419 66,788 757,445 810,503 886,988
Operating grants and contributions 4,633,908 8,711,464 14,091,083 15,057,119 13,109,933
Capital grants and contributions 7,083,530 - 3,207,487 3,157,642 8,999,636
Total governmental activities program revenues 17,214,863 10,608,692 24,046,067 26,772,193 33,508,495
Business-type activities:
Charges for services:
Sewer 8,012,406 7,828,759 8,441,024 10,359,334 -
Water 7,219,424 4,556,861 8,179,888 8,640,784 -
Capital grants and contributions - 95,360 1,410,773 179,707 -
Total business-type activities program revenues 15,231,830 12,480,980 18,031,685 19,179,825 -
Total primary government program revenues 32,446,693$ 23,089,672$ 42,077,752$ 45,952,018$ 33,508,495$
Net revenue (expense):
Governmental activities (34,685,732)$ (38,388,597)$ (34,833,351)$ (33,014,978)$ (27,500,366)$
Business-type activities (876,566) (10,522,834) (256,126) 607,543 (18,136,700)
Total primary government net expense (35,562,298)$ (48,911,431)$ (35,089,477)$ (32,407,435)$ (45,637,066)$
City of Gilroy
Fiscal Year
Changes in Net Position
Last Ten Fiscal Years
(accrual basis of accounting)
184
7.2.b
Packet Pg. 242 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
2016 2017 2018 2019 2020
Expenses:
Governmental activities:
General government 3,900,226$ 6,437,408$ 7,315,065$ 7,696,445$ 6,131,791$
Public safety 31,020,245 33,393,829 35,591,790 37,837,438 40,088,865
Community development 21,413,283 19,167,193 19,211,323 18,348,409 8,556,959
Public works 8,217,318 8,978,597 9,654,957 9,526,627 23,525,423
Interest and other charges 3,327,992 3,256,733 3,147,606 3,226,849 2,431,588
Total governmental activities expenses 67,879,064 71,233,760 74,920,741 76,635,768 80,734,626
Business-type activities
Sewer 12,298,662 12,060,236 11,538,388 14,044,716 14,668,434
Water 8,370,320 9,197,426 9,937,768 11,777,220 12,603,780
Total business-type activities expenses 20,668,982 21,257,662 21,476,156 25,821,936 27,272,214
Total primary government expenses 88,548,046$ 92,491,422$ 96,396,897$ 102,457,704$ 108,006,840$
Program revenues:
Governmental activities:
Charges for services:
General government 1,651,713$ 3,087,335$ 3,280,977$ 3,726,486$ 3,550,758$
Public safety 1,146,593 1,439,418 959,277 1,234,017 1,188,951
Community development 6,145,791 5,207,571 6,430,321 6,624,477 3,909,360
Public works 978,780 986,582 977,834 1,009,235 715,299
Operating grants and contributions 22,838,535 15,860,767 19,389,757 13,146,274 14,247,635
Capital grants and contributions 3,820,892 5,438,560 10,319,300 2,649,021 1,931,458
Total governmental activities program revenues 36,582,304 32,020,233 41,357,466 28,389,510 25,543,461
Business-type activities:
Charges for services:
Sewer 11,984,798 12,833,030 12,961,285 12,904,657 12,872,189
Water 7,330,300 9,156,082 11,343,036 12,294,119 14,590,973
Capital grants and contributions 5,086,464 1,172,844 2,330,335 4,160,510 2,439,117
Total business-type activities program revenues 24,401,562 23,161,956 26,634,656 29,359,286 29,902,279
Total primary government program revenues 60,983,866$ 55,182,189$ 67,992,122$ 57,748,796$ 55,445,740$
Net revenue (expense):
Governmental activities (31,296,760)$ (39,213,527)$ (33,563,275)$ (48,246,258)$ (55,191,165)$
Business-type activities 3,732,580 1,904,294 5,158,500 3,537,350 2,630,065
Total primary government net expense (27,564,180)$ (37,309,233)$ (28,404,775)$ (44,708,908)$ (52,561,100)$
City of Gilroy
Changes in Net Position (Continued)
Last Ten Fiscal Years
Fiscal Year
(accrual basis of accounting)
185
7.2.b
Packet Pg. 243 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
2011 2012 2013 2014 2015
General revenues and other changes in net position:
Governmental Activities:
Taxes:
Property taxes 8,861,163$ 8,907,492$ 9,462,337$ 9,728,458$ 10,862,568$
Sales tax 12,820,172 13,833,561 14,114,277 14,423,130 15,858,910
Transient occupancy taxes 889,124 998,743 1,092,486 1,234,798 1,501,837
Franchise tax 1,293,850 1,355,340 1,326,364 1,408,045 1,463,770
Other taxes 5,048,813 4,781,148 4,694,440 4,759,067 4,905,868
Investment income 1,060,450 922,309 350,105 630,095 619,139
State motor vehicle in lieu 236,142 25,739 26,670 22,072 21,479
Other - 109,798 390,812 632,113 164,321
Transfers (307,165) (647,847) (669,940) (678,707) (689,011)
Total governmental activities 29,902,549 30,286,283 30,787,551 32,159,071 34,708,881
Business-type activities:
Investment and rental income 1,013,724 777,528 - - -
Other 350 600 - - -
Share of joint revenue net income (loss) 3,372,137 (1,059,357) - - -
Transfers 307,165 647,847 669,940 678,707 689,011
Total business-type activities 4,693,376 366,618 669,940 678,707 689,011
Total primary government 34,595,925$ 30,652,901$ 31,457,491$ 32,837,778$ 35,397,892$
Changes in net position:
Governmental activities (4,783,183)$ 301,450$ (4,045,800)$ (855,907)$ 7,208,515$
Business-type activities 3,816,810 950,871 413,814 1,286,250 3,800,429
Total primary government (966,373)$ 1,252,321$ (3,631,986)$ 430,343$ 11,008,944$
Net Position (Net Assets), Beginning 397,078,929$ 396,112,556$ 397,364,877$ 390,153,653$ 390,583,996$
Beginning Fund Balance Restatement (1)- - (3,579,238) - (63,003,170)
Changes in Net Position (Net Assets) (966,373) 1,252,321 (3,631,986) 430,343 11,008,944
Net Position (Net Assets), Ending 396,112,556$ 397,364,877$ 390,153,653$ 390,583,996$ 338,589,770$
(1)Net Position (Net Assets) of the governmental and business type activities were restated based on an infrastructure study performed by an independent consulting
firm. The study was conducted to obtain the values necessary for the City to implement GASB Statement No. 34. Additional restatement of net position (FY15) to
record pension liability necessary for the implementation of GASB No. 68 and No. 71.
Fiscal Year
City of Gilroy
Changes in Net Position (Continued)
Last Ten Fiscal Years
(accrual basis of accounting)
186
7.2.b
Packet Pg. 244 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
2016 2017 2018 2019 2020
General revenues and other changes in net position:
Governmental Activities:
Taxes:
Property taxes 11,468,510$ 12,278,553$ 13,161,002$ 14,476,481$ 15,595,639$
Sales tax 17,884,735 17,768,469 18,827,189 20,186,105 17,233,882
Transient occupancy taxes 1,676,691 1,709,332 1,722,355 1,771,882 1,237,812
Franchise tax 1,569,059 1,623,951 1,713,690 1,669,817 1,855,622
Other taxes 5,116,588 5,264,486 5,192,899 5,093,813 5,667,201
Investment income 647,057 900,622 1,190,732 2,567,147 2,039,471
State motor vehicle in lieu 21,385 24,715 29,444 26,695 -
Other 392,815 15,188 571,340 166,316 127,479
Transfers (685,189) (305,505) 1,241,528 (640,347) (447,847)
Total governmental activities 38,091,651 39,279,811 43,650,179 45,317,909 43,309,259
Business-type activities:
Investment and rental income - - - 1,298,215 1,169,133
Other - - - - -
Share of joint revenue net income (loss) - - - - -
Transfers 685,189 305,505 (1,241,528) 640,347 447,847
Total business-type activities 685,189 305,505 (1,241,528) 1,938,562 1,616,980
Total primary government 38,776,840$ 39,585,316$ 42,408,651$ 47,256,471$ 44,926,239$
Changes in net position:
Governmental activities 6,794,891$ 66,284$ 10,086,904$ (2,928,349)$ (11,881,906)$
Business-type activities 4,417,769 2,209,799 3,916,972 5,475,912 4,247,045
Total primary government 11,212,660$ 2,276,083$ 14,003,876$ 2,547,563$ (7,634,861)$
Net Position (Net Assets), Beginning 338,589,770$ 348,802,430$ 352,078,513$ 357,319,955$ 358,050,219$
Beginning Fund Balance Restatement (1)(2)- - (8,762,454) (1,536,554) -
Changes in Net Position (Net Assets) 11,212,660 2,276,083 14,003,896 2,266,818 (7,634,861)
Net Position (Net Assets), Ending 349,802,430$ 351,078,513$ 357,319,955$ 358,050,219$ 350,415,358$
(1)
(2)
Fiscal Year
City of Gilroy
Changes in Net Position (Continued)
Last Ten Fiscal Years
(accrual basis of accounting)
Net Position (Net Assets) of the governmental and business type activities were restated based on an infrastructure study performed by an independent consulting
firm. The study was conducted to obtain the values necessary for the City to implement GASB Statement No. 34. Additional restatement of net position (FY15) to
record pension liability necessary for the implementation of GASB No. 68 and No. 71.
Nert position (Net Assets) of the governmental and business-type activities have been restated as of June 30, 2019. See Note 15 -Prior Period Adjustment to the
basic financial statements.
187
7.2.b
Packet Pg. 245 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
2011 2012 2013 2014 2015
General fund:
Nonspendable 54,011$ 59,670$ 45,003$ 52,592$ 74,622$
Restricted - - - - -
Assigned - - - - -
Unassigned 25,166,657 25,423,199 23,038,183 22,291,553 21,316,940
Total general fund 25,220,668$ 25,482,869$ 23,083,186$ 22,344,145$ 21,391,562$
All other governmental funds:
Nonspendable 10,848$ 9,766$ 5,454,973$ 9,265$ 9,265$
Restricted 50,980,559 37,880,519 31,995,403 41,474,238 40,117,010
Assigned 743,166 525,601 226,654 576,889 544,284
Unassigned (deficit) (14,551,024) (12,379,723) (12,423,935) (11,866,882) (12,884,818)
Total all other governmental funds 37,183,549$ 26,036,163$ 25,253,095$ 30,193,510$ 27,785,741$
(a) (b)
(a) Fiscal year 2010 included the Sewer Fund as part of the Nonmajor Governmental Funds. Beginning with 2010-2011, it was reclassified
as an Enterprise Fund.
(b) The City implemented GASB Statement 54 in Fiscal Year 2010-2011 which changed the Fund Balance categories to Restricted,
Committed, Assigned or Unassigned.
Fiscal Year
City of Gilroy
Fund Balances of Governmental Funds
Last Ten Fiscal Years
(modified accrual basis of accounting)
188
7.2.b
Packet Pg. 246 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
2016 2017 2018 2019 2020
General fund:
Nonspendable 84,923$ 74,217$ 126,965$ 76,000$ 126,915$
Restricted - - - - -
Assigned - - - - -
Unassigned 22,202,316 24,354,609 25,475,105 27,683,870 14,731,555
Total general fund 22,287,239$ 24,428,826$ 25,602,070$ 27,759,870$ 14,858,470$
All other governmental funds:
Nonspendable 8,670$ 9,470$ 25,570$ 1,000$ 706,754$
Restricted 44,922,496 50,775,875 55,248,281 57,445,219 56,283,167
Assigned 2,827,521 1,588,907 1,448,954 1,483,818 5,368,008
Unassigned (deficit) (7,883,587) (5,761,804) (2,841,776) (4,206,362) (21,954)
Total all other governmental funds 39,875,100$ 46,612,448$ 53,881,029$ 54,723,675$ 62,335,975$
Fiscal Year
City of Gilroy
Fund Balances of Governmental Funds (Continued)
Last Ten Fiscal Years
(modified accrual basis of accounting)
189
7.2.b
Packet Pg. 247 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
2011 2012 2013 2014 2015
Revenues:
Taxes 28,913,122$ 30,122,948$ 33,041,266$ 33,902,225$ 37,190,336$
Licenses and permits 1,552,585 2,000,283 2,071,569 2,088,024 2,847,912
Intergovernmental 5,669,019 6,413,621 5,258,266 5,235,608 3,260,688
Charges for services 8,225,000 14,688,796 13,944,828 17,081,714 17,396,590
Fines 339,063 425,265 251,313 226,220 281,580
Special assessments 2,359,399 2,133,413 - - -
Investment income (loss) 1,034,140 898,495 385,744 697,612 600,960
Contribution from property owners - - - - -
Miscellaneous 728,057 826,591 1,035,480 1,464,470 2,128,737
Total revenues 48,820,385 57,509,412 55,988,466 60,695,873 63,706,803
Expenditures:
General government 2,714,636 3,287,262 3,793,066 4,073,708 4,025,604
Public safety 23,098,221 25,448,868 26,416,606 27,448,432 28,845,371
Community services 4,856,669 5,650,806 6,029,323 6,072,624 6,322,864
Community development 19,816,994 26,470,128 14,393,211 10,031,035 16,393,573
Debt service:
Principal retirement 430,000 2,170,000 1,350,000 25,745,000 2,215,000
Interest 2,804,239 3,287,244 3,319,071 3,525,898 3,557,829
Bond issuance costs - - - 275,515 2,582
Total expenditures 53,720,759 66,314,308 55,301,277 77,172,212 61,362,823
Excess of revenues over
(under) expenditures (4,900,374) (8,804,896) 687,189 (16,476,339) 2,343,980
Other Financing Sources (Uses):
Transfers in 4,522,359 5,496,446 3,746,485 3,574,115 4,318,330
Transfers out (5,037,174) (7,576,735) (7,616,425) (7,154,454) (11,012,940)
Issuance of loan/notes - - - - 959,229
Issuance of bonds 70,815,000 - - 23,120,000 -
Payment to refunded bond escrow
Payment to bond escrow agent (46,370,000) - - - -
Premium on bonds 1,737,198 - - 1,138,052 -
Total other financing sources (uses) 25,667,383 (2,080,289) (3,869,940) 20,677,713 (5,735,381)
Net Change in fund balances 20,767,009$ (10,885,185)$ (3,182,751)$ 4,201,374$ (3,391,401)$
Debt service as a percentage
of noncapital expenditures 7.11% 11.66% 9.57% 39.37% 10.81%
8,252,168$ 19,502,689$ 6,503,584$ 2,831,468$ 7,967,777$
(a) Long-term debt was transferred to the Successor Agency on February 1, 2012. The Successor Agency is not considered a
component unit for the City, thus the debt payments are disclosed in the Fiduciary Funds section of this report.
Fiscal Year
City of Gilroy
Changes in Fund Balances of Governmental Funds
Last Ten Fiscal Years
(modified accrual basis of accounting)
190
7.2.b
Packet Pg. 248 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
2016 2017 2018 2019 2020
Revenues:
Taxes 40,177,903$ 41,350,739$ 43,512,402$ 51,483,855$ 44,269,937$
Licenses and permits 3,720,755 2,713,733 2,751,137 3,487,338 1,776,651
Intergovernmental 4,291,272 3,748,000 4,047,728 3,913,484 5,473,529
Charges for services 24,960,535 18,973,863 22,820,605 11,501,828 13,951,822
Fines 266,163 293,899 208,305 239,873 282,535
Special assessments - - - - -
Investment income (loss) 608,641 762,671 1,084,408 1,247,543 1,884,149
Contribution from property owners - - - -
Miscellaneous 2,059,106 1,604,397 1,635,888 1,990,459 1,348,130
Total revenues 76,084,375 69,447,302 76,060,473 73,864,380 68,986,753
Expenditures:
General government 4,532,241 4,906,824 5,103,946 5,760,831 6,361,042
Public safety 29,867,361 30,830,873 31,781,515 34,062,421 36,867,887
Public Works 6,764,060 7,231,274 7,723,166 7,831,193 7,897,645
Community development 14,675,204 11,052,313 14,993,509 15,421,483 19,143,243
Debt service:
Principal retirement 2,305,000 2,459,619 2,558,818 2,654,708 2,986,212
Interest 3,479,710 3,410,441 3,302,252 3,448,556 3,011,707
Bond issuance costs - - - 112,903 -
Total expenditures 61,623,576 59,891,344 65,463,206 69,292,095 76,267,736
Excess of revenues over
(under) expenditures 14,460,799 9,555,958 10,597,267 4,572,285 (7,280,983)
Other Financing Sources (Uses):
Transfers in 6,803,782 4,233,745 4,503,781 4,236,075 8,937,984
Transfers out (8,521,471) (4,910,768) (6,659,253) (5,876,422) (12,905,997)
Issuance of loan/notes 241,926 - - - -
Issuance of bonds - - - - 19,087,551
Payment to refunded bond escrow (19,350,000)
Payment to bond escrow agent - - - (8,565,000) -
Premium on bonds - - - 8,633,538 -
Total other financing sources (uses) (1,475,763) (677,023) (2,155,472) (1,571,809) (4,230,462)
Net Change in fund balances 12,985,036$ 8,878,935$ 8,441,795$ 3,000,476$ (11,511,445)$
Debt service as a percentage
of noncapital expenditures 9.52% 9.97% 9.58% 9.53% 8.67%
870,322$ 1,003,386$ 4,284,158$ 5,261,085$ 7,070,839$
(modified accrual basis of accounting)
Fiscal Year
City of Gilroy
Changes in Fund Balances of Governmental Funds (Continued)
Last Ten Fiscal Years
191
7.2.b
Packet Pg. 249 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
CATEGORY 2011 2012 2013 2014 2015
Outkes Center 2,552,694$ 2,833,256$ 2,845,863$ 2,867,431$ 2,899,778$
Newman Development 2,070,313 2,131,034 2,201,623 2,230,855 2,332,215
Regency Center 923,509 940,836 949,436 946,073 965,112
Downtown Core 191,131 224,977 271,227 296,354 316,595
General Retail 5,737,647 6,130,103 6,268,149 6,340,713 6,513,700
Auto Dealers 871,311 1,045,717 1,131,680 1,649,758 2,136,541
Service Stations 1,355,605 1,543,421 1,457,239 1,442,888 1,292,736
Transportation 2,226,916 2,589,138 2,588,919 3,092,646 3,429,277
Others 3,234,205 3,284,517 3,344,680 3,697,010 3,695,108
Allocation from State and County 1,621,404 1,829,803 1,912,529 1,292,761 2,220,825
TOTALS:12,820,172$ 13,833,561$ 14,114,277$ 14,423,130$ 15,858,910$
Population 49,316 50,081 51,505 52,413 53,000
Sales Tax Per Capita 240 276 274 275 299
City of Gilroy
Sales Tax by Category
Last Ten Fiscal Years
Fiscal Year
Source: MBIA MuniServices Company
State of California, Department of Finance, Population Estimates for California Cities
0
50
100
150
200
250
300
350
2011 2012 2013 2014 2015 2016 2017 2018 2019 2020
0
5,000
10,000
15,000
20,000
25,000
30,000
Others State/County Gen. Retail Transportation Per Capita
192
7.2.b
Packet Pg. 250 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
CATEGORY 2016 2017 2018 2019 2020
Outlet Center 2,747,030$ 2,669,216$ 2,571,713$ 2,464,617$ 1,739,806$
Newman Development 2,426,698 2,500,961 2,529,804 2,743,665 2,643,207
Regency Center 999,738 968,005 987,417 1,004,376 896,599
Downtown Core 356,687 398,344 385,497 505,600 472,427
General Retail 6,530,153 6,536,526 6,474,431 6,718,258 5,752,039
Auto Dealers 2,633,013 3,224,719 3,691,038 3,855,166 3,056,022
Service Stations 1,094,398 1,064,232 1,290,582 1,298,298 1,129,189
Transportation 3,727,411 4,288,951 4,981,620 5,153,464 4,185,211
Others 4,018,337 4,263,541 4,632,323 4,418,367 4,294,454
Allocation from State and County 3,608,834 2,679,451 2,152,877 3,896,016 3,002,179
TOTALS:17,884,735$ 17,768,469$ 18,241,251$ 20,186,105$ 17,233,883$
Population 55,170 55,936 55,615 55,928 57,084
Sales Tax Per Capita 324 318 328 361 302
City of Gilroy
Sales Tax by Category (Continued)
Last Ten Fiscal Years
Fiscal Year
Source: MBIA MuniServices Company
State of California, Department of Finance, Population Estimates for California Cities
193
7.2.b
Packet Pg. 251 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
Agency 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020
7.250% 6.250% 6.500% 6.500% 6.500% 6.250% 6.000% 6.000% 6.000% 6.000%
0.250% 0.250% 0.250% 0.250% 0.250% 0.250% 0.250% 0.250% 0.250% 0.250%
0.750% 0.750% 0.750% 0.750% 0.750% 1.000% 1.000% 1.000% 1.000% 1.000%
- -0.125% 0.125% 0.125% 0.125% 0.125% 0.125% 0.125% 0.125%
- - - - - - - - - -
0.500% 0.500% 0.500% 0.500% 0.500% 0.500% 0.500% 0.500% 0.500% 0.500%
0.500% 0.500% 0.500% 0.500% 0.500% 0.500% 0.500% 0.500% 0.500% 0.500%
- -0.125% 0.125% 0.125% 0.125% 0.125% 0.125% 0.125% 0.125%
- - - - - -0.500% 0.500% 0.500% 0.500%
Total 9.250% 8.250% 8.750% 8.750% 8.750% 8.750% 9.000% 9.000% 9.000% 9.000%
Source: California Department of Tax and Fee Administration
FISCAL YEAR
City of Gilroy
Sales Tax Rates
Last Ten Fiscal Years
SCC Transit District
SCC Valley Transportation
Authority
SCC VTA Bay Area Rapid
Transit
Silicon Valley
Transportation Solutions
State of California
Santa Clara County (SCC)
Transportation Funds
City of Gilroy
SCC Retail Transactions
and Use Tax
SCC Transactions and Use
Tax
0.00% 1.00% 2.00% 3.00% 4.00% 5.00% 6.00% 7.00% 8.00% 9.00% 10.00%
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
Total
Gilroy
194
7.2.b
Packet Pg. 252 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
Taxpayer Business Type Taxpayer Business Type
Action Gypsum Supply West Bldg.Matls-Whsle Arco AM/PM Mini Marts Service Stations
Arco AM/PM Mini Marts Service Stations Banana Republic Apparel Stores
Best Buy Stores Furniture/Appliance Best Buy Stores Furniture/Appliance
Chevron Service Stations Service Stations Chevron Service Stations Service Stations
Coach Stores Miscellaneous Retail Coach Stores Miscellaneous Retail
Costco Wholesale Department Stores Costco Wholesale Department Stores
Garlic Travel Center Service Stations Garlic Travel Center Service Stations
Gilroy Buick GMC Auto Sales - New Gilroy Chevrolet/Cadillac Auto Sales - New
Gilroy Chevrolet/Cadillac Auto Sales - New Gilroy Gas & Mini-Mart Service Stations
Gilroy Toyota Auto Sales - New Gilroy Honda Auto Sales - New
Happy Daze RV's Misc. Vehicle Sales Gilroy Toyota Auto Sales - New
Home Depot Bldg.Matls-Retail Home Depot Bldg.Matls-Retail
Lowe's Home Centers Bldg.Matls-Retail JN Abbott Distributor Energy Sales
McDonald's Restaurants Restaurants Kohl's Department Stores Department Stores
Nike Factory Store Apparel Stores Lowe's Home Centers Bldg.Matls-Retail
Ross Stores Apparel Stores McDonald's Restaurants Restaurants
Rotten Robbie Service Stations Service Stations Nike Factory Store Apparel Stores
See Grin's RV Misc. Vehicle Sales Polo Ralph Lauren Apparel Stores
Shell Service Stations Service Stations Rotten Robbie Service Stations Service Stations
South County Chrysler Jeep Dodge Ram Fiat Auto Sales - New South County Chrysler Jeep Dodge Ram Fiat Auto Sales - New
South County Hyundai of Gilroy Auto Sales - New South County Nissan Auto Sales - New
Target Stores Department Stores Target Stores Department Stores
Union 76 Service Stations Service Stations TV's Gas & Foodmart Service Stations
Vans Shoes Apparel Stores Union 76 Service Stations Service Stations
Wal Mart Stores Department Stores Wal Mart Stores Department Stores
Source: MuniServices, LLC / Avenu Insights & Analytics
City of Gilroy
Principal Sales Tax Producers
Last Fiscal Year and Nine Years Ago
2019-20 2010-11
195
7.2.b
Packet Pg. 253 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
Fiscal Year
End
Gross Local
Secured Exempt Valuation Net Local Secured Net Utility Net Unsecured
Net Taxable
Assessed Value
Gross Taxable
Assessed
Valuation
2011 5,515,703,007$ 47,031,600$ 5,468,671,407$ 80,918,014$ 232,541,079$ 5,782,130,500$ 5,829,162,100$
2012 5,477,242,040 46,387,600 5,430,854,440 78,686,470 281,804,033 5,791,344,943 5,837,732,543
2013 5,467,139,776 46,209,800 5,420,929,976 72,086,470 266,918,393 5,759,934,839 5,806,144,639
2014 5,913,805,270 46,463,200 5,867,342,070 64,186,470 260,981,844 6,192,510,384 6,238,973,584
2015 6,395,754,046 46,050,200 6,349,703,846 52,530,836 265,879,967 6,668,114,649 6,714,164,849
2016 6,798,621,370 45,871,000 6,752,750,370 47,030,836 268,445,327 7,068,226,533 7,114,097,533
2017 7,385,130,561 46,578,000 7,338,552,561 42,130,836 273,713,487 7,654,396,884 7,700,974,884
2018 7,872,947,886 47,244,400 7,825,703,486 39,330,836 263,667,226 8,128,701,548 8,175,945,948
2019 8,445,397,378 48,090,000 8,397,307,378 38,939,704 256,724,279 8,692,971,361 8,741,061,361
2020 9,001,686,593 47,874,400 8,953,812,193 32,539,704 257,410,089 9,243,761,986 9,291,636,386
Source: County of Santa Clara, Department of Finance
Note: In 1978 the voters of the State of California passed Proposition 13 which limited property taxes to a total maximum rate of 1% based upon the assessed value of
the property being taxed. Each year, the assessed value of property may be increased by an "inflation factor" (limited to a maximum increase of 2%). With few
exceptions, property is only reassessed at the time that it is sold to a new owner. At that point, the new assessed value is reassessed at the purchase price of property
sold. The assessed valuation data shown above represents the only data currently available with respect to the actual market value of the taxable property and is
subject to the limitations described above.
City of Gilroy
Assessed Value and Estimated Actual Value of Taxable Property
Last Ten Fiscal Years
(modified accrual basis of accounting)
196
7.2.b
Packet Pg. 254 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
Special
Fiscal Basic County County Total County City of Other Special Total Tax
Year Wide Levy Levy District
Gilroy (1)Districts Rate
2010 1.00000 0.05340 1.05340 0.01160 0.17630 1.24130
2011 1.00000 0.05070 1.05070 0.03750 0.18710 1.27530
2012 1.00000 0.04590 1.04590 0.03650 0.13040 1.21280
2013 1.00000 0.04630 1.04630 0.03650 0.13690 1.21970
2014 1.00000 0.04470 1.04470 0.03400 0.14620 1.22490
2015 1.00000 0.05030 1.05030 0.03400 0.14690 1.23120
2016 1.00000 0.05000 1.05000 0.02900 0.13540 1.21440
2017 1.00000 0.04980 1.04980 0.02720 0.19160 1.26860
2018 1.00000 0.06206 1.06206 0.02600 0.17900 1.26706
2019 1.00000 0.05890 1.05890 0.02500 0.13180 1.21570
2020 1.0000 0.05810 1.05810 0.02000 0.19940 1.27750
Notes:
(1)In 2005 and 2006 the tax rate was only applicable to a certain tax district within Gilroy (2-007)
(2) The above tax rates are applied per $100 of assessed valuation
In 1978 the voters of the State of California passed Proposition 13 which sets the property tax rate at a 1.00% fixed amount.
This 1.00% is shared by all taxing agencies for which the subject property resides within. The City of Gilroy's share is approximately 10%.
In addition to the 1.00% fixed amount, property owners are charged taxes as a percentage of assessed property values for the payment
of voter approved bonds.
Source: County of Santa Clara, Department of Finance
City of Gilroy
Direct and Overlapping Property Tax Rates
(Per $100 of Taxable Value)
Last Ten Fiscal Years
0.00000 0.20000 0.40000 0.60000 0.80000 1.00000 1.20000 1.40000
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
Series3
Series2
Series1
197
7.2.b
Packet Pg. 255 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
Owner Assessed Valuation
% of Total
Assessed
Valuation Assessed Valuation
% of Total
Assessed
Valuation
Simon Property Group 216,750,517$ 2.34% 187,313,681$ 3.29%
Olam West Coast Inc 67,575,848 0.73%
Excel Gilroy Llc 63,672,477 0.69%
United Natural Foods West Inc 59,227,472 0.64%
Mabury Vineyards Llc Et Al 55,665,651 0.60%
Pacheco Pass Retail Xii Llc 43,660,386 0.47%
Wal Mart Real Est Bus Trt 33,720,630 0.36% 30,064,245 0.53%
Performance Food Group Inc 31,681,994 0.34%
7610 Isabella Way Llc 30,930,799 0.33%
E P & G South Valley Plaza Llc 27,540,000 0.30%
Calatlantic Group Inc 26,977,077 0.29%
Calpine Gilroy Cogen L P 26,392,634 0.29%
Central Valley Coalition 25,173,640 0.27%
Monterey Gourmet Foods 24,127,423 0.26%
Costco Wholesale Corp A Ws Cor 23,013,776 0.25% 20,425,360 0.36%
Tri Pointe Homes Inc 21,978,500 0.24%
Redwoods Wheeler L P 19,952,347 0.22%
Sterigenics U S Llc 17,713,699 0.19%
Target Corporation 17,660,892 0.19% 15,262,381 0.27%
First Street Gilroy I Llc 17,646,000 0.19%
Mission Park Gilroy Llc 16,678,530 0.18%
Hd Development Of Maryland,Inc 16,569,289 0.18% 14,319,026 0.25%
Lee James Trustee 16,320,000 0.18%
Gilroy Village Shopping Center 15,887,249 0.17% 12,211,766 0.21%
Trimark-Gilroy Hospitality Llc 15,850,593 0.17%
Lakha Properties Gilroy Llc 79,933,495 1.40%
Conagra Inc 67,175,415 1.18%
Inland Western Gilroy I Llc 64,889,748 1.14%
Shapell Industries Inc 47,709,322 0.84%
Health Care Reit Inc 34,855,601 0.61%
Mccarthy Gilroy Llc 26,614,465 0.47%
South Valley Apts Llc 23,428,128 0.41%
Land Department 20,878,710 0.37%
Cp6Sv Llc 20,698,134 0.36%
Chinatown Llc 19,603,754 0.34%
Gilroy Country Oaks Ests Llc 18,141,704 0.32%
Kelly-Kehriotis Partners Llc 15,658,065 0.27%
Lowes Hiw Inc A Ws Corp 15,343,101 0.27%
Adelaide Pines Llc 14,765,324 0.26%
Tin Inc. 14,076,051 0.25%
Avery Cypress Pointe Lp 12,561,601 0.22%
Town Place Llc 12,414,777 0.22%
Garlic Farm Annex Llc 12,243,323 0.21%
Country Estates Venture 11,416,793 0.20%
Total Top 25 Taxpayers 932,367,423$ 10.09% 812,003,970$ 14.24%
Gross Local Secured Valuation 9,243,761,986$ 100.00% 5,701,212,486$ 100.00%
Note:
Source: Santa Clara County Assessor data, MuniServices, LLC / an Avenu Insights & Analytics Company
GASB Statement 44 requires the presentation of information about the principal revenue payers for the current year
2020 2011
City of Gilroy
Principal Property Taxpayers
Current Year and Nine Years Ago
198
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Packet Pg. 256 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
COLLECTED WITHIN THE
FISCAL YEAR OF LEVY TOTAL COLLECTIONS TO DATE
Fiscal Taxes Levied for Percent of Percent of
Year the Fiscal Year Amount Levy Amount Levy
2011 5,656,421$ 5,591,508$ 98.85% 5,591,508$ 98.85%
2012 5,664,737 5,609,406 99.02% 5,609,406 99.02%
2013 5,634,085 5,622,101 99.79% 5,622,101 99.79%
2014 6,054,088 6,029,696 99.60% 6,029,696 99.60%
2015 6,515,197 6,547,657 100.50% 6,547,657 100.50%
2016 6,903,278 6,963,327 100.87% 6,963,327 100.87%
2017 7,472,764 7,487,528 100.20% 7,487,528 100.20%
2018 7,941,242 7,941,242 100.00% 7,941,242 100.00%
2019 8,521,868 8,521,868 100.00% 8,521,868 100.00%
2020 9,060,136 9,060,136 100.00% 9,060,136 100.00%
Note: The amounts presented include City secured and supplemented property taxes.
The City of Gilroy is on Santa Clara County's teeter program. Therefore, secured revenue is based on net levy, rather than collection.
Source: Finance Department, County of Santa Clara
City of Gilroy
Property Tax Levies, Tax Collections, and Delinquency
Last Ten Fiscal Years
199
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Packet Pg. 257 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
General Tax Lease Special
Fiscal Revenue Allocation Notes & Revenue Assessment Revenue
Year Bonds (4)Bonds Loans Bonds (4)Bonds Bonds
2010 10,724,640$ -$ 1,500,000$ 46,370,000$ 1,130,000$ -$
2011 34,529,124 - 24,340,000 25,410,269 870,000 -
2012 33,860,997 - 24,340,000 24,438,409 - -
2013 33,162,870 - 24,340,000 23,710,455 - -
2014 32,434,743 - - 47,182,360 - -
2015 31,681,616 - 959,229 45,587,503 - -
2016 30,893,489 - 1,201,155 43,937,647 - -
2017 30,080,362 - 1,126,536 42,232,790 - -
2018 29,247,235 - 1,082,253 40,462,933 - -
2019 28,305,209 - 948,011 38,623,072 - -
2020 26,630,459 - 857,428 36,713,219 - -
Note: Details regarding the outstanding debt can be found in the notes to the basic financial statements.
Source:
(1)Finance Department, City of Gilroy
(2)Finance Department, County of Santa Clara
(3)In 2010, the City issued revenue refunding bonds to refinance an existing installment payment obligation.
(4)Presented net of related premiums, discounts, and adjustments.
(5)GO Bonds Series 2009 refinanced on June 1, 2019 to Series 2019 A.
(6)GO Bonds Series 2010 refinanced on November 5, 2019 to Series 2019 B.
City of Gilroy
Ratios of Outstanding Debt by Type
Last Ten Fiscal Years
Governmental Activities
200
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Packet Pg. 258 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
Wastewater Total % of
Fiscal Revenue Primary Property Net Debt
Year Bonds (3) (4)Government (1)Assessed Value (2)per Capita
2010 26,168,102$ 85,892,742$ 1.39% 1,758
2011 25,935,334 111,084,727 1.92% 2,253
2012 24,237,585 106,876,991 1.85% 2,134
2013 22,384,827 103,598,152 1.80% 2,011
2014 20,477,068 100,094,171 1.62% 1,910
2015 18,519,310 96,747,658 1.45% 1,825
2016 16,491,551 92,523,842 1.31% 1,677
2017 14,393,793 87,833,481 1.15% 1,570
2018 12,206,034 82,998,455 1.02% 1,484
2019 9,928,276 77,804,568 0.90% 1,391
2020 7,545,517 71,746,623 0.78% 1,257
Note: Details regarding the outstanding debt can be found in the notes to the basic financial statements.
Source:
(1)Finance Department, City of Gilroy
(2)Finance Department, County of Santa Clara
(3) In 2010, the City issued revenue refunding bonds to refinance an existing installment payment obligation.
(4) Presented net of related premiums, discounts, and adjustments.
(5) GO Bonds Series 2009 refinanced on June 1, 2019 to Series 2019 A.
(6) GO Bonds Series 2010 refinanced on November 5, 2019 to Series 2019 B.
City of Gilroy
Ratios of Outstanding Debt by Type (Continued)
Last Ten Fiscal Years
Business-Type
Activities
201
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Packet Pg. 259 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
Ratio of
General Tax Net General Bonded General
Fiscal Obligation Allocation Assessed Debt to Net Bonded Debt
Year Bonds (4)Bonds Total (1)Value (2)Population (3)Assessed Value Per Capita
2010 10,724,640$ -$ 10,724,640$ 6,160,626,025$ 48,853 0.174% 220
2011 34,529,124 - 34,529,124 5,782,130,500 49,316 0.597% 700
2012 33,860,997 - 33,860,997 5,791,344,943 50,081 0.585% 676
2013 33,162,870 - 33,162,870 5,759,934,839 51,505 0.576% 644
2014 32,434,743 - 32,434,743 6,192,510,384 52,413 0.524% 619
2015 31,681,616 - 31,681,616 6,668,114,649 53,000 0.475% 598
2016 30,893,489 - 30,893,489 7,068,226,533 55,170 0.437% 560
2017 30,080,362 - 30,080,362 7,654,396,884 55,936 0.393% 538
2018 29,247,235 - 29,247,235 8,128,701,548 55,615 0.360% 526
2019 28,305,209 - 28,305,209 8,692,971,361 55,928 0.326% 506
2020 26,630,459 - 26,630,459 9,243,761,986 57,084 0.288% 467
Source: (1) State of California, Finance Department.
(2) This is the amount restricted for the COP debt service principal payments.
City of Gilroy
Ratio of General Bonded Debt Outstanding
Last Ten Fiscal Years
OUTSTANDING GENERAL BONDED DEBT
48
49
50
51
52
53
55
56 56 56
57
0.000%
0.100%
0.200%
0.300%
0.400%
0.500%
0.600%
0.700%
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020
42
44
46
48
50
52
54
56
58
202
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Packet Pg. 260 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
2019-20 City Gross Taxable Assessed Valuation: 9,291,636,386$
Total Debt Citys Share of
OVERLAPPING TAX AND ASSESSMENT DEBT:6/30/2020 Debt 6/30/20
Santa Clara County 881,455,000$ 1.802% 15,883,819$
Gavilan Joint Community College District 124,070,000 26.109% 32,393,436
Gilroy Unified School District 284,057,495 81.923% 232,708,422
City of Gilroy 27,487,888 100.000%27,487,888
City of Gilroy Community Facilities District No. 2000-1 7,212,008 100.000% 7,212,008
Santa Clara Valley Water District Benefit Assessment District 65,495,000 1.802% 1,180,220
TOTAL OVERLAPPING TAX AND ASSESSMENT DEBT 316,865,793$
DIRECT AND OVERLAPPING GENERAL FUND DEBT:
Santa Clara County General Fund Obligations 966,725,100$ 1.802% 17,420,386$
Santa Clara County Pension Obligation Bonds 346,996,639 1.802% 6,252,879
Santa Clara County Board of Education Certificates of Participation 3,480,000 1.802% 62,710
Gavilan Joint Community College District Certificates of Participation 6,925,000 26.109% 1,808,048
Gilroy Unified School District Certificates of Participation 24,245,000 81.923% 19,862,231
City of Gilroy General Fund Obligations 36,713,218 100.000%36,713,218
Santa Clara County Vector Control Certificates of Participation 2,010,000 1.802% 36,220
Total Gross Direct And Overlapping General Fund Debt 82,155,692$
Less: Santa Clara County Support Obligations 579,007
TOTAL DIRECT AND OVERLAPPING GENERAL FUND DEBT 81,576,685$
TOTAL DIRECT DEBT 64,201,106
TOTAL GROSS OVERLAPPING DEBT 334,820,379
TOTAL OVERLAPPING DEBT 334,241,372
COMBINED TOTAL DEBT 398,442,478$ (2)
(1) The percentage of overlapping debt applicable to the city is estimated using taxable assessed property value.
Applicable percentages were estimated by determining the portion of the overlapping district's assessed
value that is within the boundaries of the city divided by the district's total taxable assessed value.
(2) Excludes tax and revenue anticipation notes, enterprise revenue, mortgage revenue and non-bonded
capital lease obligations.
Ratios to 2019-20 Assessed Valuation :
Direct Debt ($27,087,578)0.29%
Total Direct and Overlapping Tax and Assessment Debt 3.41%
Total Direct Debt ($62,797,578) 0.68%
Gross Combined Total Debt 4.28%
Net Combined Total Debt 4.27%
AB: ($500)
Source: County of Santa Clara, Department of FinanceCalifornia Municipal Statistics
% Applicable
(1)
City of Gilroy
Schedule of Direct and Overlapping Bonded Debt
June 30, 2020
203
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Packet Pg. 261 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
2011 2012 2013 2014 2015
Assessed valuation 5,829,162,100$ 5,837,732,543$ 5,806,144,639$ 6,238,973,584$ 6,714,164,849$
Debt Limit Rate (1)15% 15% 15% 15% 15%
Debt limit 874,374,315 875,659,881 870,921,696 935,846,038 1,007,124,727
Total net debt applicable to limit:
General obligation bonds 33,830,000 33,190,000 32,520,000 31,820,000 31,095,000
Legal debt margin 840,544,315$ 842,469,881$ 838,401,696$ 904,026,038$ 976,029,727$
Total debt applicable to the limit
as a percentage of debt limit 4.0% 3.9% 3.9% 3.5% 3.2%
Continued
(1) Section 1108 of the City of Gilroy Charter limits the general obligation bonds of the City to 15% of total assessed value
of real and personal property within the City.
Source: County of Santa Clara, Department of Finance
City of Gilroy
Legal Debt Margin Information
Last Ten Fiscal Years
Fiscal Year
204
7.2.b
Packet Pg. 262 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
2016 2017 2018 2019 2020
Assessed valuation 7,114,097,533$ 7,700,974,884$ 8,175,945,948$ 8,741,061,361$ 9,291,636,386$
Debt Limit Rate (1)15% 15% 15% 15% 15%
Debt limit 1,067,114,630 1,155,146,233 1,226,391,892 1,311,159,204 1,393,745,458
Total net debt applicable to limit:
General obligation bonds 30,335,000 29,550,000 28,745,000 27,983,538 26,630,459
Legal debt margin 1,036,779,630$ 1,125,596,233$ 1,197,646,892$ 1,283,175,666$ 1,367,114,999$
Total debt applicable to the limit
as a percentage of debt limit 2.9% 2.6% 2.4% 2.2% 1.9%
End
(1) Section 1108 of the City of Gilroy Charter limits the general obligation bonds of the City to 15% of total assessed value
of real and personal property within the City.
Source: County of Santa Clara, Department of Finance
City of Gilroy
Legal Debt Margin Information (Continued)
Last Ten Fiscal Years
Fiscal Year
205
7.2.b
Packet Pg. 263 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
2011 2012 2013 2014 2015
Gross revenues:
Charges for services 8,012,406$ 8,170,711$ 8,441,024$ 9,168,356$ 10,336,111$
Investment income (loss) 646,240 451,737 283,816 370,199 257,938
Rate Stabilization Fund Balance - - 750,000 - -
Transfer from Sewer Impact Fund 287,600 674,534 704,007 705,356 700,544
Total gross revenues 8,946,246 9,296,982 10,178,847 10,243,911 11,294,593
Operating expenses:
Operations 4,618,320 5,259,612 5,893,404 5,612,274 6,281,516
Billing 467,355 551,109 533,611 559,262 588,131
Administration 182,670 237,750 279,787 375,945 377,770
Claims and judgements - - - - -
Total operating expenses 5,268,345 6,048,471 6,706,802 6,547,481 7,247,417
Net Revenues 3,677,901 3,248,511 3,472,045 3,696,430 4,047,176
Series 1999 installment
payments / Refunding Series 2010 payments 886,181$ 2,462,276$ 2,571,000$ 2,576,576$ 256,950$
Gross revenue debt service coverage 1009.53% 377.58% 395.91% 397.58% 440.00%
Net revenue debt service coverage 415.03% 131.93% 135.05% 143.46% 157.66%
Fund available
Sewer Development Capital Project Fund 8,519,976$ 10,391,910$ 11,416,503$ 12,304,205$ 10,362,866$
Sewer Fund cash and cash equivalent 30,519,114 29,427,892 29,267,803 27,625,188 26,336,933
Rate stabilization fund - - 750,000 750,000 750,000
Total funds available 39,039,090$ 39,819,802$ 41,434,306$ 40,679,393$ 37,449,799$
Days funds on hand 2,114 1,776 1,593 1,540 1,326
Fiscal Year
City of Gilroy
Revenue Bond Coverage - Wastewater System
Last Ten Fiscal Years
206
7.2.b
Packet Pg. 264 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
2016 2017 2018 2019 2020
Gross revenues:
Charges for services 11,773,938$ 12,644,730$ 12,720,141$ 12,904,657$ 12,872,189$
Investment income (loss) 210,826 188,300 241,144 593,929 561,664
Rate Stabilization Fund Balance - - - - -
Transfer from Sewer Impact Fund 700,111 696,546 697,198 694,146 693,577
Total gross revenues 12,684,875 13,529,576 13,658,483 14,192,732 14,127,430
Operating expenses:
Operations 7,296,107 7,454,895 7,466,650 8,339,489 9,462,155
Billing 612,551 594,654 618,400 668,982 730,892
Administration 500,398 472,465 558,846 706,101 667,733
Claims and judgements - - - - -
Total operating expenses 8,409,056 8,522,014 8,643,896 9,714,572 10,860,780
Net Revenues 4,275,819 5,007,562 5,014,587 4,478,160 3,266,650
Series 1999 installment
payments / Refunding Series 2010 payments 2,566,550$ 2,558,687$ 2,562,738$ 2,557,625$ 2,557,750$
Gross revenue debt service coverage 494.24% 528.77% 532.96% 554.92% 552.34%
Net revenue debt service coverage 166.60% 195.71% 195.67% 175.09% 127.72%
Fund available
Sewer Development Capital Project Fund 11,481,078$ 12,964,741$ 14,534,002$ 13,533,945$ 13,376,865$
Sewer Fund cash and cash equivalent 18,537,029 16,777,330 17,391,216 17,687,792 18,610,720
Rate stabilization fund 750,000 750,000 750,000 750,000 750,000
Total funds available 30,768,107$ 30,492,071$ 32,675,218$ 31,971,737$ 32,737,585$
Days funds on hand 805 719 734 665 625
Fiscal Year
City of Gilroy
Revenue Bond Coverage - Wastewater System (Continued)
Last Ten Fiscal Years
207
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Packet Pg. 266 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
Net Taxable Per Capita Average
Fiscal Assessed Taxable Property Unemployment
Year Population (1)Values (2)Values Rate (3)
2011 49,316 5,782,130,500$ 117,247$ 14.6%
2012 50,081 5,791,344,943 115,640 12.7%
2013 51,505 5,759,934,839 111,833 10.4%
2014 52,413 6,192,510,384 118,148 8.6%
2015 53,000 6,668,114,649 125,813 6.9%
2016 55,170 7,068,226,533 128,117 5.7%
2017 55,936 7,654,396,884 136,842 4.9%
2018 55,615 8,128,701,548 146,160 4.9%
2019 55,928 8,692,971,361 155,431 2.5%
2020 57,084 9,243,761,986 161,933 13.90%
Note: Data for personal income is not readily available; the City used taxable assessed values to calculate per
capita taxable property values.
Sources:
(1) State of California, Department of Finance, Population Estimates for California Cities
(2) County of Santa Clara, Finance Agency
(3) State of California, Employment and Development Department, Labor Market Information Division
City of Gilroy
Demographic and Economic Statistics
Last Ten Fiscal Years
209
7.2.b
Packet Pg. 267 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
2020 2015
Percent of Percent of
Number of Total Number of Total
Company or Organization Employees Rank Employment Employees Rank Employment
Gilroy Unified School District* 1,045 1 3.47%
Christopher Ranch LLC 780 2 2.59% 600 1 3.27%
Olam International (Formerly ConAgra-Gilroy Foods) 500 3 1.66% 440 4 2.09%
Saint Louise Regional Hospital 478 4 1.59% 500 2 2.56%
Costco Wholesale 316 5 1.05% 253 7 0.87%
Gavilan College 293 6 0.97% 213 10 0.72%
Wal-Mart 286 7 0.95% 395 5 1.64%
City of Gilroy 284 8 0.94%
Community Solutions 270 9 0.90% 219 9 0.78%
Rebekah Children's Services 243 10 0.81% 233 8 0.80%
Gilroy Gardens Theme Park (formerly Bonfante) 464 3 2.50%
Monterey Gourmet Foods 270 6 0.88%
Total Top 10 Employers 4,495 14.93% 3,587 16.11%
Total City Employment(1)30,100 N/A
Source: MuniServices, LLC / Avenu Insights & Analytics
Source: 2014-15 previously published CAFR. Nine years prior data is unavailable.
Results based on direct correspondence with citys local businesses.
(1) Total City Labor Force provided by EDD Labor Force Data.
* Includes FTE & PTE.
City of Gilroy
Principal Employers
Current Year and Five Years Ago
210
7.2.b
Packet Pg. 268 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
Department 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020
Administration 5 5 6 5 4 5 5 6 6 7
City Council and Mayor 7 7 7 7 7 7 7 7 7 7
Community Development 17 18 18 20 21 21 18 18 21 23
Finance 13 14 13 13 13 13 11 13 14 14
Fire 43 39 41 39 40 39 35 36 37 37
Fleet and Facilities 9 10 10 10 10 10 10 10 10 10
Human Resources 3 3 3 4 4 4 4 4 4 5
Information Technology 3 2 4 4 2 2 3 3 4 3
Police 87 87 87 88 93 94 87 92 94 96
Public Works 34 34 34 36 38 43 40 42 54 57
Recreation 9 11 11 11 11 12 10 11 11 11
Total 230 230 234 237 243 250 230 242 262 270
(a) Beginning in fiscal year 2013-2014, the amount represents the number of filled positions by departments. Prior to fiscal year 2013-14, the amounts
noted represent budgeted positions.
Fiscal Year
City of Gilroy
Full-Time Equivalent City Government Employees
By Function / Program
Last Ten Fiscal Years
211
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Packet Pg. 269 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
Function 2011 2012 2013 2014 2015
General Government
Number of Business Licenses Issued 2,967 2,958 2,855 2,615 3,034
Total Volunteer Service Hours 29,668 31,905 29,566 35,439 32,598
Total City-Wide Training Hours Provided 1,538 3,513 1,300 1,245 1,957
Total Vehicle Work Orders Generated 1,631 3,118 2,919 2,739 3,146
Total Facilities Work Orders Generated 1,576 1,660 1,658 1,613 1,542
Public Safety
Police
Number of 911 Calls Received 21,206 22,328 24,074 27,753 28,498 **
Number of Police Calls for Service 59,177 59,361 58,124 58,112 62,200
Number of Investigations Assigned to Detectives 816 781 769 727 821
Number of Case Reports Processed 10,780 10,708 11,956 11,926 13,566
Fire
Total Calls for Service 3,746 4,014 4,322 4,557 5,131
Total Fire Calls 179 172 178 182 179
Total Emergency Medical Aid Calls 2,340 2,410 2,566 2,802 3,341
Community Development
Number of Building Inspections Completed 9,378 14,055 13,938 14,101 21,592
Number of Building Permits Processed 1,212 1,160 1,158 1,706 2,042
Number of Fire Code Permits Issued 525 587 577 567 819
Public Works
10,000 430,000 660,000 930,000 90,000
Linear Feet of Preventive Cleaning 600,000 540,000 640,000 600,000 716,900
Million Gallons of Wastewater Treated per Day 6.76 6.39 6.27 6.05 5.99
Million Gallons of Municipal Water Produced per Day 7.31 7.71 8.32 7.87 6.79
Million Gallons of Wastewater Flow per Day (COG) 3.91 0.37 3.58 3.45 3.50
Number of Utility Billing Customers 12,958 13,210 13,540 13,716 13,865
Recreation
Number of Registrations Processed 4,166 5,075 7,405 5,500 6,378
Number of Meals Provided to Seniors Annually 18,392 17,744 19,459 19,549 20,031
Source: City of Gilroy, Various City Departments
** Available Data Reflects
Square Feet of Chip Seal/Slurry Seal/Crack Seal Completed
City of Gilroy
Operating Indicators By Function / Program
Last Ten Fiscal Years
Fiscal Year
212
7.2.b
Packet Pg. 270 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
Function 2016 2017 2018 2019 2020
General Government
Number of Business Licenses Issued 2,685 3,166 3,800 3,965 3,160
Total Volunteer Service Hours 34,723 33,855 31,505 28,460 18,465
Total City-Wide Training Hours Provided 2,356 3,112 3,200 2,688 2,892
Total Vehicle Work Orders Generated 2,629 2,478 1,428 1,327 1,514
Total Facilities Work Orders Generated 1,445 1,317 1,428 1,411 1,488
Public Safety
Police
Number of 911 Calls Received 21,044 **23,744 23,484 22,235 23,578
Number of Police Calls for Service 62,071 63,887 63,073 64,134 58,354
Number of Investigations Assigned to Detectives 913 845 815 986 1,023
Number of Case Reports Processed 12,621 12,320 12,478 11,075 11,020
Fire
Total Calls for Service 5,007 5,441 5,374 5,555 6,243
Total Fire Calls 223 223 265 282 336
Total Emergency Medical Aid Calls 3,323 3,735 3,707 3,739 4,065
Community Development
Number of Building Inspections Completed 24,500 23,623 17,991 17,450 14,618
Number of Building Permits Processed 2,197 1,903 1,970 2,050 1,300
Number of Fire Code Permits Issued 839 476 1,060 1,230 885
Public Works
Square Feet of Chip Seal/Slurry Seal/Crack Seal Completed 274,479 712,504 533,397 1,430,477 698,249
Linear Feet of Preventive Cleaning 785,288 707,379 854,304 897,479 849,228
Million Gallons of Wastewater Treated per Day 5.97 7.60 6.16 6.66 6.18
Million Gallons of Municipal Water Produced per Day 5.94 6.46 7.07 6.80 7.20
Million Gallons of Wastewater Flow per Day (COG) 3.59 4.84 3.87 4.13 3.73
Number of Utility Billing Customers 14,300 14,549 14,870 15,133 15,218
Recreation
Number of Registrations Processed 5,856 5,807 4,952 4,737 4,232
Number of Meals Provided to Seniors Annually 21,351 22,566 23,815 25,103 21,979
Source: City of Gilroy, Various City Departments
** Available Data Reflects
Fiscal Year
City of Gilroy
Operating Indicators By Function / Program (Continued)
Last Ten Fiscal Years
213
7.2.b
Packet Pg. 271 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
2011 2012 2013 2014 2015
General Government
City Buildings 55 55 55 55 55
Public Safety
Police
Police Stations 1 1 1 1 1
Police Vehicles 73 71 72 76 79
Fire
Fire Stations 3 3 3 3 3
Fire Vehicles 20 20 20 20 20
Public Works
Park sites 16 16 16 16 16
Centerline Miles of Streets 151 156 159 118 120
Number of Streetlights 3,784 3,894 3,969 4,150 4,150
Miles of Storm Trunk Mains 30 30 31 31 31
Miles of Sewer Mains 102 108 110 110 111
Treatment Plant Dry Weather Flow Capacity (MGD) 9 9 9 9 9
Water Meters in Municipal Service Area 13,063 13,319 13,651 13,831 14,127
Miles of Water Mains 109 116 120 121 152
Number of Fire Hydrants 1,815 1,948 1,960 2,048 2,150
Source: City of Gilroy, Various City Departments
Function
City of Gilroy
Capital Assets By Function
Last Ten Fiscal Years
Fiscal Year
214
7.2.b
Packet Pg. 272 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
2016 2017 2018 2019 2020
General Government
City Buildings 55 55 57 57 57
Public Safety
Police
Police Stations 1 1 1 1 1
Police Vehicles 86 87 83 103 109
Fire
Fire Stations 3 3 3 3 3
Fire Vehicles 20 21 20 19 19
Public Works
Park sites 16 16 19 19 20
Centerline Miles of Streets 119 126 151 166 166
Number of Streetlights 4,773 4,794 4,841 4,861 4,885
Miles of Storm Trunk Mains 31 37 39 40 40
Miles of Sewer Mains 111 151 160 161 163
Treatment Plant Dry Weather Flow Capacity (MGD) 9 9 9 9 9
Water Meters in Municipal Service Area 14,669 14,783 14,450 15,133 15,220
Miles of Water Mains 152 204 205 210 205
Number of Fire Hydrants 2,265 2,290 1,948 2,229 2,187
Source: City of Gilroy, Various City Departments
Fiscal Year
Function
City of Gilroy
Capital Assets By Function (Continued)
Last Ten Fiscal Years
215
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7.2.b
Packet Pg. 275 Attachment: FY20 ACFR Final (3699 : Acceptance of FY21 Federal Single Audit)
City of Gilroy
Gilroy, California
Single Audit
and Independent Auditors Reports
For the Year Ended June 30, 2020
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7.2.c
Packet Pg. 277 Attachment: FY20 Single Audit Final (3699 : Acceptance of FY21 Federal Single Audit)
City of Gilroy
Single Audit Report
For the Year Ended June 30, 2020
Table of Contents
Page
Independent Auditors Reports:
Report on Internal Control Over Financial Reporting and on Compliance and
Other Matters Based on an Audit of Financial Statements
Performed in Accordance with Government Auditing Standards .............................................................. 1
Report on Compliance for Each Major Federal Program; Report on Internal
Control Over Compliance, and Report on the Schedule of Expenditures of
Federal Awards Required by the Uniform Guidance .............................................................................. 3
Schedule of Expenditures of Federal Awards ............................................................................................................ 7
Notes to the Schedule of Expenditures of Federal Awards ........................................................................................ 8
Schedule of Findings and Questioned Costs .............................................................................................................. 9
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Packet Pg. 279 Attachment: FY20 Single Audit Final (3699 : Acceptance of FY21 Federal Single Audit)
REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND
OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN
ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS
Independent Auditors Report
To the Honorable Mayor and Members of City Council
of the City of Gilroy
Gilroy, California
We have audited, in accordance with the auditing standards generally accepted in the United States of America and the
standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller
General of the United States, the financial statements of the governmental activities, the business-type activities, the
discretely presented component unit, each major fund, and the aggregate remaining fund information of the City of
Gilroy, California (the City), as of and for the year ended June 30, 2020, and the related notes to the basic financial
statements, which collectively comprise the Citys basic financial statements, and have issued our report thereon dated
February 1, 2021, except for the South County Regional Wastewater Authority, a Discretely Presented Component
Unit (DCU) of the City and Notes 15 Prior Period Adjustments and 16 - Subsequent Events, which is as of
July 25, 2022.
Internal Control Over Financial Reporting
In planning and performing our audit of the financial statements, we considered the Citys internal control over
financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the
circumstances for the purpose of expressing our opinions on the basic financial statements, but not for the purpose of
expressing an opinion on the effectiveness of the Citys internal control. Accordingly, we do not express an opinion on
the effectiveness of the Citys internal control.
A deficiency in internal control exists when the design or operation of a control does not allow management or
employees, in the normal course of performing their assigned functions, to prevent, or detect and correct,
misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal
control such that there is a reasonable possibility that a material misstatement of the entitys financial statements will
not be prevented, or detected and corrected, on a timely basis. A significant deficiency is a deficiency, or a
combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to
merit attention by those charged with governance.
Our consideration of internal control was for the limited purpose described in the first paragraph of this section and
was not designed to identify all deficiencies in internal control that might be material weaknesses or significant
deficiencies and therefore, material weaknesses or significant deficiencies may exist that have not been identified.
Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be
material weaknesses. We did identify certain deficiencies in internal control, described in the accompanying schedule
of findings and questioned costs as item 2020-001 that we consider to be significant deficiencies.
7.2.c
Packet Pg. 280 Attachment: FY20 Single Audit Final (3699 : Acceptance of FY21 Federal Single Audit)
To the Honorable Mayor and Members of City Council
of the City of Gilroy
Gilroy, California
Page 2
2
Compliance and Other Matters
As part of obtaining reasonable assurance about whether the City's basic financial statements are free of material
misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts and grant
agreements, noncompliance with which could have a direct and material effect on the financial statements. However,
providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly we do not
express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are
require to be reported under Government Auditing Standards.
Citys Response to the Finding
Citys response to the finding identified in our audit is described in the accompanying schedule of findings and
questioned costs. Citys response was not subjected to the auditing procedures applied in the audit of the financial
statements and, accordingly, we express no opinion on it.
Purpose of this Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the
results of that testing, and not to provide an opinion on the effectiveness of the Citys internal control or on
compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in
considering the Citys internal control and compliance. Accordingly, this communication is not suitable for any other
purpose.
Santa Ana, California
March 31, 2021, except for Finding 2020-001 which is as of July 25, 2022.
7.2.c
Packet Pg. 281 Attachment: FY20 Single Audit Final (3699 : Acceptance of FY21 Federal Single Audit)
REPORT ON COMPLIANCE FOR EACH MAJOR FEDERAL PROGRAM; REPORT ON INTERNAL
CONTROL OVER COMPLIANCE, AND REPORT ON THE SCHEDULE OF EXPENDITURES OF
FEDERAL AWARDS REQUIRED BY THE UNIFORM GUIDANCE
Independent Auditors Report
To the Honorable Mayor and Members of City Council
of the City of Gilroy
Gilroy, California
Report on Compliance for Each Major Federal Program
We have audited the City of Gilroy, Californias (the City) compliance with the types of compliance requirements
described in the OMB Compliance Supplement that could have a direct and material effect on each of the Citys major
federal programs for the year ended June 30, 2020. The Citys major federal programs are identified in the summary of
auditors results section of the accompanying Schedule of Findings and Questioned Costs.
Managements Responsibility
Management is responsible for compliance with federal statutes, regulations, and the terms and condition of its federal
awards applicable to its federal programs.
Auditors Responsibility
Our responsibility is to express an opinion on compliance for each of the Citys major federal programs based on our
audit of the types of compliance requirements referred to above. We conducted our audit of compliance in accordance
with auditing standards generally accepted in the United States of America; the standards applicable to financial audits
contained in Government Auditing Standards, issued by the Comptroller General of the United States; the audit
requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost
Principles, and Audit Requirement for Federal Awards (the Uniform Guidance). Those standards and the Uniform
Guidance require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with
the types of compliance requirements referred to above that could have a direct and material effect on a major federal
program occurred. An audit includes examining, on a test basis, evidence about the Citys compliance with those
requirements and performing such other procedures as we considered necessary in the circumstances.
We believe that our audit provides a reasonable basis for our opinion on compliance for each major federal program.
However, our audit does not provide a legal determination of the Citys compliance.
7.2.c
Packet Pg. 282 Attachment: FY20 Single Audit Final (3699 : Acceptance of FY21 Federal Single Audit)
To the Honorable Mayor and Members of City Council
of the City of Gilroy
Gilroy, California
Page 2
4
Opinion on Each Major Federal Program
In our opinion, the City complied, in all material respects, with the types of compliance requirements referred to above
that could have a direct and material effect on each of its major federal programs for the year ended June 30, 2020.
Report on Internal Control Over Compliance
Management of the City is responsible for establishing and maintaining effective internal control over compliance with
the types of compliance requirements referred to above. In planning and performing our audit of compliance, we
considered the Citys internal control over compliance with the types of requirements that could have a direct and
material effect on each major federal program to determine the auditing procedures that are appropriate in the
circumstances for the purpose of expressing an opinion on compliance for each major federal program and to test and
report on internal control over compliance in accordance with Uniform Guidance, but not for the purpose of expressing
an opinion on the effectiveness of internal control over compliance. Accordingly, we do not express an opinion on the
effectiveness of the Citys internal control over compliance.
A deficiency in internal control over compliance exists when the design or operation of a control over compliance does
not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect
and correct, noncompliance with a type of compliance requirement of a federal program on a timely basis. A material
weakness in internal control over compliance is a deficiency, or combination of deficiencies, in internal control over
compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance
requirement of a federal program will not be prevented, or detected and corrected, on a timely basis. A significant
deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over
compliance with a type of compliance requirement of a federal program that is less severe than a material weakness in
internal control over compliance, yet important enough to merit attention by those charged with governance.
Our consideration of internal control over compliance was for the limited purpose described in the first paragraph of
this section and was not designed to identify all deficiencies in internal control over compliance that might be material
weaknesses or significant deficiencies. We did not identify any deficiencies in internal control over compliance that we
consider to be material weaknesses. However, material weaknesses may exist that have not been identified.
The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal
control over compliance and the results of that testing based on the requirements of the Uniform Guidance.
Accordingly, this report is not suitable for any other purpose.
7.2.c
Packet Pg. 283 Attachment: FY20 Single Audit Final (3699 : Acceptance of FY21 Federal Single Audit)
To the Honorable Mayor and Members of City Council
of the City of Gilroy
Gilroy, California
Page 3
5
Report on the Schedule of Expenditures of Federal Awards Required by Uniform Guidance
We have audited the financial statements of the governmental activities, the business-type activities, the discretely
presented component unit, each major fund, and the aggregate remaining fund information of the City, as of and for the
year ended June 30, 2020, and the related notes to the basic financial statements, which collectively comprise the
Citys basic financial statements. We issued our report thereon which contained unmodified opinions on those
financial statements dated February 1, 2021, except for the South County Regional Wastewater Authority, a Discretely
Presented Component Unit of the City and Notes 15 Prior Period Adjustments and 16 - Subsequent Events, which
were as of July 25, 2022. Our audit was conducted for the purpose of forming our opinions on the financial statements
that collectively comprise the Citys basic financial statements. The accompanying Schedule of Expenditures of
Federal Awards is presented for purposes of additional analysis as required by Uniform Guidance and is not a required
part of the basic financial statements. Such information is the responsibility of management and was derived from and
relates directly to the underlying accounting and other records used to prepare the basic financial statements. The
information has been subjected to the auditing procedures applied in the audit of the financial statements and certain
other procedures, including comparing and reconciling such information directly to the underlying accounting and
other records used to prepare the basic financial statements or to the basic financial statements themselves, and other
additional procedures in accordance with auditing standards generally accepted in the United States of America. In our
opinion, the Schedule of Expenditure of Federal Awards is fairly stated in all material respects in relation to the basic
financial statements as a whole.
Santa Ana, California
March 31, 2021
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Packet Pg. 285 Attachment: FY20 Single Audit Final (3699 : Acceptance of FY21 Federal Single Audit)
City of Gilroy
Schedule of Expenditures of Federal Awards
For the Year Ended June 30, 2020
See accompanying Notes to the Schedule of Expenditures of Federal Awards.
7
Amount
Federal Grantor/Pass-Through Grantor CFDA Grant Award Federal Provided to
Program Title Number Number Expenditures Subrecipients
U.S. Department of Housing and Urban Development
Direct Program:
CDBG - Entitlement Grants Cluster:
Community Development block Grants/Entitlement Grants 14.218 B-19-MC-06-0048 383,124$ 171,738$
Community Development block Grants/Entitlement Grants 14.218 Program income 28,601 -
Total U.S. Department of Housing and Urban Development 411,725 171,738
U.S. Department of Justice
Direct Program:
Bulletproof Vest Partnership Program 16.607 Not applicable 1,836 -
Bulletproof Vest Partnership Program 16.607 Not applicable 2,007 -
Total U.S. Department of Interior 3,843 -
U.S. Department of Transportation
Pass-Through the California Office of Traffic and Safety
Highway Safety Cluster
Selective Traffic Enforcement Program 20.600/20.608 PT20053 38,213 -
Selective Traffic Enforcement Program 20.600/20.608 PT19043 24,242 -
Total Selective Traffic Enforcement Program 62,455 -
Pass-Through the California Department of Transportation
Highway Planning and Construction Cluster:
Monterey Rd. Rehab 20.205 STPL-5034 (027) 1,475,412 -
Channel Trail and Various Bridge Constructions 20.205 RSTP-5034(023) 57,973 -
Total Highway Planning and Construction Cluster 1,533,385 -
Total U.S. Department of Transportation 1,595,840 -
Total Expenditures of Federal Awards 2,011,408$ 171,738$
7.2.c
Packet Pg. 286 Attachment: FY20 Single Audit Final (3699 : Acceptance of FY21 Federal Single Audit)
City of Gilroy
Notes to the Schedule of Expenditures of Federal Awards
For the Year Ended June 30, 2020
8
Note 1 Reporting Entity
The financial reporting entity consists of the primary government, City of Gilroy (the City), organizations for which
the primary government is financially accountable, and other organizations for which the nature and significance of
their relationship with the primary government are such that exclusion would cause the reporting entitys financial
statements to be misleading or incomplete. The City consists of the primary government, including the Gilroy Public
Facilities Financing Authority, a blended component unit as defined in Note 1.A to the basic financial statements.
Note 2 Summary of Significant Accounting Policies
Basis of Accounting
Funds received under the various grant programs have been recorded within the special revenue and capital projects
funds of the City. The City utilizes the modified accrual basis of accounting for the special revenue and capital projects
funds. The accompanying Schedule of Expenditures of Federal Awards (the Schedule) is presented in accordance
with the requirements of Title 2 U.S. Code of Federal Regulations (CFR) Part 2, Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards (the Uniform Guidance). Therefore,
some amounts presented in the Schedule may differ from amounts presented in, or used in, the preparation of Citys
basic financial statements.
Schedule of Expenditures of Federal Awards
The accompanying Schedule presents the activity of all federal financial assistance programs of the City. Federal
financial assistance received directly from federal agencies, as well as federal financial assistance passed through the
State of California, is included in the Schedule. The Schedule was prepared only from the accounts of various grant
programs and, therefore, does not present the financial position or results of operations of the City.
Indirect Cost Rate
The City has not elected to use the 10 percent de-minimis indirect rate as allowed under Uniform Guidance.
Note 3 - Subrecipients
During the year ended June 30, 2020, the City provided federal funds to the following subrecipients:
Community Development Block Grant Subrecipients:
Rebuilding Together Silicon Valley 144,364$
Catholic Charities of Santa Clara County 5,677
Live Oak Adult Day Services 8,462
Gilroy Compassion Center 13,235
Total 171,738$
7.2.c
Packet Pg. 287 Attachment: FY20 Single Audit Final (3699 : Acceptance of FY21 Federal Single Audit)
City of Gilroy
Schedule of Findings and Questioned Costs
For the Year Ended June 30, 2020
9
Section I Summary of Auditors Results
Financial Statements
Types of report the auditors issued on whether the financial statements
audited were prepared in accordance with GAAP: Unmodified
Internal control over financial reporting:
Material weakness(es) identified? None noted
Significant deficiency(ies) identified? 2020-001
Noncompliance material to financial statements noted? No
Federal Awards
Internal control over major federal programs:
Material weakness(es) identified? No
Significant deficiency(ies) identified? None noted
Type of auditors report issued on compliance for major federal programs: Unmodified
Any audit findings disclosed that are required to be reported in
accordance with 2 CFR 200.516(a)? No
Identification of major federal programs:
CFDA Number(s) Name of Federal Program or Cluster Expenditures
20.205 Highway Planning and Construction Cluster 1,533,385$
Total Expenditures of All Major Federal Programs 1,533,385$
Total Expenditures of Federal Awards 2,011,408$
Percentage of Total Expenditures of Federal Awards 76.23%
Dollar threshold used to distinguish between type A and type B programs: $750,000
Auditee qualified as low-risk auditee under 2 CFR 500.520? No
7.2.c
Packet Pg. 288 Attachment: FY20 Single Audit Final (3699 : Acceptance of FY21 Federal Single Audit)
City of Gilroy
Schedule of Findings and Questioned Costs (Continued)
For the Year Ended June 30, 2020
10
Section II Financial Statements Findings
A. Current Year Findings Financial Statement Findings
Finding 2020-001 Internal Control Over Financial Reporting/Accounting Close and Accuracy in Financial
Reporting
Criteria:
Management is responsible for the preparation and fair presentation of financial statements in accordance with U.S.
generally accepted accounting principles. Management is also responsible for designing, implementing, and
maintaining appropriate internal control over financial reporting and compliance. Effective internal control over
financial reporting provides reasonable assurance for the completeness and accuracy of accounting records, proper
year-end closing, and accurate financial reporting. Internal control is defined as a process implemented and monitored
by the City Council, management, and other personnel that provides reasonable assurance that the objectives of the
City will be achieved. Internal control is not one event, but a series of events that occur throughout an entitys
operations. The Citys internal control system should be designed to provide reasonable assurance regarding the
achievement of the following objectives:
Reliability of financial reporting for internal and external use;
Effectiveness and efficiency of operations; and
Compliance with applicable laws and regulations.
Condition:
Significant errors were found requiring adjustment to the Citys issued Comprehensive Annual Financial Report for
fiscal year ended June 30, 2020 and restatement of the June 30, 2019 net position as previously reported in its audited
financial statements. These errors included the omission of the discretely presented component unit, a material
component unit to the primary government, from the Government-wide reporting Statement of Net Position and
Statement of Activities, and audit entries made to correct prior reporting of the Citys Investment in the DCU, to
correct allocations of the net pension and OPEB liabilities, and other asset balances which were understated.
Cause:
During the audit, the City experienced the following impacts to the Finance Departments operations which we believe
significantly impacted its financial close and reporting processes:
There was turnover of key employees in the Finance Department causing delays in the Citys closing process
and audit
The global COVID-19 pandemic caused the closure of City Hall, which impacted and/or reduced staff hours
for both the City and the firm
A new ERP system was still implemented requiring additional training which impacted employee availability
Existing staff workload increased due to start up activities with a new audit firm
The City had previously been charging the costs of pension and OPEB liabilities solely to governmental
activities, which required additional staff time for analysis to correct the allocation accounting
Even with efforts to address the above issues, there was continued pressure on City staff to meet its deadline and
submission for the GFOA certification, which was met.
7.2.c
Packet Pg. 289 Attachment: FY20 Single Audit Final (3699 : Acceptance of FY21 Federal Single Audit)
City of Gilroy
Schedule of Findings and Questioned Costs (Continued)
For the Year Ended June 30, 2020
11
Section II Financial Statements Findings (Continued)
A. Current Year Findings Financial Statement Findings (Continued)
Finding 2020-001 Internal Control Over Financial Reporting/Accounting Close and Accuracy in Financial
Reporting (Continued)
Effect:
Delays in processing transactions timely and closing accounting periods coupled with undue pressure to meet
deadlines, can create an environment where accounting errors are not prevented or detected timely. In addition,
turnover can cause errors to occur and go undetected without a formal internal control hierarchy in place for review
and approval of published financial data. When errors occur and go undetected it can create further delays in the
release of audited financial statements.
Recommendation:
We recommend the City establish effective internal control procedures designed to reduce the risk of accounting errors
through adequate review and supervision. These should include timely review and approval by management of account
reconciliations, sub-ledger transactions, existence/occurrence, completeness, rights or obligations, valuation or
allocation, accuracy or classification, and cut-off of accounts at the fund and overall government-wide level. We also
recommended the City establish a systemic review process over both internal and external financial reporting.
Views of Responsible Officials:
City management concurs with this recommendation.
B. Prior Year Findings Financial Statement Findings
No prior year financial statement findings were noted.
7.2.c
Packet Pg. 290 Attachment: FY20 Single Audit Final (3699 : Acceptance of FY21 Federal Single Audit)
City of Gilroy
Schedule of Findings and Questioned Costs (Continued)
For the Year Ended June 30, 2020
12
Section III Federal Awards Finding and Questioned Costs
A. Current Year Findings and Questioned Costs Major Federal Award Program Audit
No current year findings and questioned costs were noted.
B. Prior Year Findings and Questioned Costs Major Federal Award Program Audit
2019-001 - Reporting
Condition
Three of the four SF-425 reports for the fiscal year 2018-2019 were not submitted timely.
Recommendation
We recommend that the City review its processes to allow for reporting to take place in timely manner.
Status:
Implemented.
7.2.c
Packet Pg. 291 Attachment: FY20 Single Audit Final (3699 : Acceptance of FY21 Federal Single Audit)
City of Gilroy
STAFF REPORT
Agenda Item Title: Rename Gilroy Museum's Research Room After the Late
Author and Museum Volunteer Claudia Salewske
Meeting Date: August 15, 2022
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted By: Adam Henig, Recreation Manager
Prepared By: Adam Henig, Recreation Manager
Strategic Plan Goals
☐ Develop a Financially
Resilient Organization
☐ Ensure Neighborhood
Equity from City
Services
☐ Promote Economic
Development
Activities
☐ Promote Safe,
Affordable Housing for All
☐ Maintain and Improve
City Infrastructure
RECOMMENDATION
Motion to approve the Parks and Recreation Commission's recommendation to rename
Gilroy Museum's Research Room to the "Claudia Salewske Research Ro om."
EXECUTIVE SUMMARY
At the May 2022 Parks and Recreation Commission monthly meeting, the Commission
motioned to approve recommending the renaming of the Gilroy Museum’s research
room after the late Claudia Salewske, a local author and dedicated Museum volunteer.
Per City policy, protocol requires the Commission to forward its recommendation to the
City Council for review and consideration.
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POLICY DISCUSSION
According to the City’s “Parks or Recreation Facilities Naming, Community and
Memorial Contribution, and Gift and Sponsorship Policy,” which went into effect on May
19, 2014, the following is the criteria to rename a facility after a person. (See Section B,
“Commemorative Dedications and Names,” for more details):
1. Person must be deceased at least one year before a commemorative dedication
or naming proposal will be considered – Claudia passed away in 2016.
2. Demonstrate outstanding achievements, contributions to the community, and
enrichment of the City – Claudia published two books about the history of Gilroy.
She was a longtime, dedicated volunteer for the Museum. She provided research
and gave talks about the history of the City.
3. Have had a direct and long-term association with the feature or facility – When
writing her books, Claudia used the research room. She also spent time there
conducting research for other projects.
4. Contribution to the community was through our park or recreation system or
programs – The Museum is a City facility and Recreation staff serve as the City
liaison.
5. The named resource is pertinent to, or representative of, the individual’s
contribution – See response #3.
6. The proposal to commemorate an individual should contain evidence of broad -
based local support for the proposed name and its application, such as letters,
editorials, and petitions – See attached letters and newspaper editorial.
7. The costs of plaques, monuments, and replacement of signs resulting from, or
done in conjunction with the dedication or commemorative naming will be borne
by the individual, group, or organization sponsoring the request. – The plaque will
be paid by the Gilroy Historical Society.
The Parks and Recreation Commission is the first governing body to review the request,
to be followed by City Council who will make the final decision.
BACKGROUND
At the April 2022 Parks and Recreation Commission meeting, Gilroy Historical Society
President Connie Rogers requested the Commission consider adding the renaming of
the Gilroy Museum Research Room after the late Claudia Salewske to a future meeting
agenda.
Claudia was an English teacher at Gilroy High School for many years and then an
English professor at San Jose State University. In addition to her extensive volunteering
at the Museum, she also authored two books about the history of Gilroy:
1. Pieces of the Past: A Story of Gilroy (1982)
2. Gilroy (Images of America Series, Arcadia Publishing, 2003).
7.3
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Both books have been helpful to residents wanting to trace their family origins and for
researchers wanting to understand the city’s past. When Claudia was conducting
research for these publications, she did most of the research in the Museum’s research
room. She passed away in 2016. Since her passing, the Salewske family has donated
the book’s royalties to the Museum.
The Commission added it to a future agenda of the Commission. At the May 2022
meeting, the item was discussed and the Commission motioned to approve
recommending to City Council the renaming of the Museum’s research room after
Claudia Salewske. The motion passed 5-0-0.
ANALYSIS
Based on the criteria cited above and attached documentation that includes letters of
support and an editorial published in a local newspaper, staff recommends the
application to rename the Museum’s research room after Claudia Salewske be
approved.
ALTERNATIVES
Council can motion not to approve the renaming of the Gilroy Museum Research Room.
FISCAL IMPACT/FUNDING SOURCE
There is no fiscal impact. If approved, the Gilroy Historical Society will pay for new
signage.
NEXT STEPS
The Gilroy Historical Society will order an engraved sign, “Claudia Salewske Research
Room,” and install it in the Museum’s Research Room.
Attachments:
1. 05-19-14 PRC FACILITY NAMING MEMORIAL GIFTS & SPONSORSHIP POLICY
2. Letters of Support
3. Guest column by Kat Teraji Gilroy friends fondly remember beloved teacher - Gilroy
Life
4. Claudia's Proclamation
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RESOLUTION NO. 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY AMENDING THE BUDGET FOR THE CITY
OF GILROY FOR FISCAL YEAR 2022-2023 IN THE
GANG PREVENTION/INTERVENTION FUND AND
APPROPRIATING PROPOSED REVENUE AND
EXPENDITURE AMENDMENTS
WHEREAS, the City Administrator prepared and submitted to the City Council a budget
for the City of Gilroy for Fiscal Years 2021-2022 and 2022-2023, and the City Council carefully
examined, considered, and adopted the same on June 7, 2021; and
WHEREAS, City Staff has prepared and submitted to the City Council a proposed
amendment to said budget for Fiscal Year 2022-2023 for the City of Gilroy in the staff report dated
August 1, 2022 for the Gang Prevention/Intervention Fund; and
WHEREAS, the City Council has carefully examined and considered the same and is
satisfied with said budget amendments.
NOW, THEREFORE, BE IT RESOLVED THAT appropriations in the Gang
Prevention/Intervention Fund, is hereby increased by $244,000 as revenue and expenditure in
project string 30SCYTF-FY23-DA Office-Program Expenses and $172,550 as revenue and
expenditure in project string 30NSU-FY23-Probation-Program Expenses for Fiscal Year 2022-
2023.
PASSED AND ADOPTED this 15th day of August 2022 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED:
Marie Blankley, Mayor
ATTEST:
_______________________
Thai Nam Pham, City Clerk
7.3.a
Packet Pg. 295 Attachment: Draft Resolution (3869 : Approve County Funding for SCYTF)
COUNTY OF SANTA CLARA
SERVICE AGREEMENT
Page 1 of 14
SECTION I: GENERAL INFORMATION
Contractor Name:
(As Displayed in SAP)
Purchase Order Number:
Agency/Department Name:Department
Number:
Brief Description of Services
Maximum Financial Obligation
The maximum amount payable to this Contractor
under this agreement shall not exceed:
Term of Agreement
Start Date: End Date:
Note: When left blank, start date will be the date executed by Authorized County Representative.
For County Use Only
Account
Assignment
Plant
Number
General
Ledger
(Expense
Code)
Cost
Center
(Dept.
Code)
Amount WBS
(Capital Project Code)
Internal
Order
(“PCA” code
–optional)
Line 1
Line 2
Line 3
Line 4
Line 5
Revision Date –
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8LI 8=(4
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=8(4 EPWS WXVMZIW XS VITEMV XLI LEVQ XLI ]SYXL LEW GEYWIH XS XLI ZMGXMQ W
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5255500 3836 $0.01H
Select
Select
Select
Select
DocuSign Envelope ID: 0EFC5C9C-EF23-41E2-82BC-59089B6F17DBDocuSign Envelope ID: 3E71B7B5-58F9-475F-B962-0B00CF1A3B13
Approved: 06/28/20227.3.b
Packet Pg. 296 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)
COUNTY OF SANTA CLARA
SERVICE AGREEMENT
Page 2 of 14
SECTION II: PARTIES TO AGREEMENT
Legal notices and invoices pertaining to this Agreement shall be sent to the appropriate contact person
listed below, except as otherwise specifically provided for herein. Notices shall be in writing and served
either by personal delivery or sent by certified or registered mail, postage prepaid, addressed as follows.
Notice shall be deemed effective on the date that the notice is personally delivered or, if mailed, three (3)
daysafterdepositinthemail. Eitherpartymaydesignate a differentpersonand/oraddressforthereceipt
of notices by sending written notice to the other party, which shall not require an amendment to this
Agreement.
CONTRACTOR
Contractor Name:
(As Displayed in SAP)
Contact Person:
Street Address*:
City*: State: Zip:
Telephone Number*:
Email Address*:
SCC Vendor Number:
(As Assigned in SAP)
*To be completed for Independent Contractors Only – DO NOT COMPLETE FOR DEPENDENT CONTRACTORS
COUNTY OF SANTA CLARA
Agency/Department:
Program Manager/Contract
Monitor Name:
Street Address:
City: State: Zip:
Telephone Number:
Fiscal Contact:
(Accounts Payable Contact)
Contract Preparer:
Revision Date –
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+MPVS] '%
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7.3.b
Packet Pg. 297 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)
7.3.bPacket Pg. 298Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)
COUNTY OF SANTA CLARA
SERVICE AGREEMENT
Page 4 of 14
SECTION IV: DETERMINATION OF RELATIONSHIP STATUS
Dependent/Independent status is an important relationship distinction. It determines the contractor’s
eligibility for Medicare and Social Security, Public Employees’ Retirement System benefits, and other
benefits and affects how the contractor files tax returns and the contractor’s responsibility for various
federal and state taxes.
Questionnaire to be Completed by Contracting Department to Determine Relationship Status of Contractor
Supervision: Will the County have the right to tell the contractor how to do the work, when to arrive or
leave work, or when to take breaks? Do you have other employees performing similar work with a similar
degree of supervision? If the answer to any of these questions is YES, select YES from the dropdown.
Training: Will the County instruct the contractor on how to do the job or pay for external training?
Incomplete Work: Will the Contractor be able to resign or terminate the contract without being held
either financially or legally liable for unfinished work?
Place of Work/Tools: Will the County provide the Contactor with a place to work at a County location and
tools to do the job, i.e. computers, telephones, etc.?
Length of Relationship: When the Contractor is hired to complete ongoing departmental duties or
functions— answer YES. When the contractor is hired to complete a specific project that was not the
regular tasks performed by County employees before— answer NO.
Other Customers: Does the County prevent the Contractor from performing similar services for other
customers, either due to the amount of work (fulltime), or by contractual provision?
Designation as Business Entity: If the Contractor has a business license or business certificate, or is a
corporation, nonprofit organization, or school district, select “No” from the dropdown. (This does not
pertain to professional licenses or certificates such as a license for a physician or architect.)
Enter below the business license number and the city/entity where issued.
Bus. License #: Issued by:
Payment Schedule: Will payments be made either as an hourly wage or as weekly/monthly salary? If
payment is by commission or based on project milestones or deliverables, answer “NO” to this
question. Be sure this answer matches the contract payment schedule in Section V.
Support Services: Will County employees or other independent contractors provide assistance to this
Contractor? Assistance is defined as clerical, technical or professional support.
If at least 5 of the above questions were answered “NO”, Contractor is an Independent Contractor.
If 5 or more of the above questions were answered “YES”, Contractor is a Dependent Contractor,
where the relationship resembles that of employer/employee. Tax withholding is required, and
benefits are provided. Complete and attach the following forms: Employee’s Withholding Allowance
Certificate—Federal Form W4, State Withholding, Form DE4, Determining PERS Eligibility and PERS
Member Action Request. Visit www.ceo for more information regarding Dependent Contractors.
County insurance requirements do not apply to Dependent Contractors.
Contractor understands and agrees that the tax withholding and benefit status checked above is correct. Any changes to the
contractor’s tax withholding and benefit status require a new contract. Contractor is responsible for any penalties and
liabilities assessed by any taxing authority, based on a change of tax withholding and benefit status.
Contractor’s Initials: Dept. Fiscal Officer’s
Signature:
Revision Date –
No
No
No
No
No
No
No
No
YesYesYesYes
NoNoNoNo
NoNoNoNo
NoNoNoNo
NoNoNoNo
No
No
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7.3.b
Packet Pg. 299 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)
COUNTY OF SANTA CLARA
SERVICE AGREEMENT
Page 5 of 14
SECTION V: CONTRACT SPECIFICS
A. SERVICE DESCRIPTION AND EXPECTED OUTCOME (SCOPE OF SERVICE)
Or See Attachment: incorporated by this reference.
B. DELIVERABLES, MILESTONES & TIMELINE FOR PERFORMANCE
Or See Attachment: Incorporated by this reference.
Revision Date –
&
%
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7.3.b
Packet Pg. 300 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)
COUNTY OF SANTA CLARA
SERVICE AGREEMENT
Page 6 of 14
C. PERFORMANCE STANDARDS
Or See Attachment: Incorporated by this reference.
D. PAYMENT SCHEDULE
Note: Dependent contractors are not permitted to work in
excess of 40 hours per week
Is contractor a Community Based Organization (CBO)?
Yes
No
Or See Attachment: Incorporated by this reference.
Revision Date –
'
(
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7.3.b
Packet Pg. 301 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)
COUNTY OF SANTA CLARA
SERVICE AGREEMENT
Page 7 of 14
SECTION VI: STANDARD PROVISIONS
Changes to the terms and conditions in this section require approval of County Counsel
A. ENTIRE AGREEMENT
This Agreement and its Appendices (if any) constitutes the final, complete and exclusive statement of the terms of the
agreement between the parties. It incorporates and supersedes all the agreements, covenants and understandings
between the parties concerning the subject matter hereof, and all such agreements, covenants and understandings
have been merged into this Agreement. No prior or contemporaneous agreement or understanding, verbal or
otherwise, of the parties or their agents shall be valid or enforceable unless embodied in this Agreement.
B. AMENDMENTS
This agreement may only be amended by a written instrument signed by the Parties.
C. CONFLICTS OF INTEREST
Contractor shall comply, and require its subcontractors to comply, with all applicable (i) requirements governing
avoidance of impermissible client conflicts; and (ii) federal, state and local conflict of interest laws and regulations
including, without limitation, California Government Code section 1090 et. seq., the California Political Reform Act
(California Government Code section 87100 et. seq.) and the regulations of the Fair Political Practices Commission
concerning disclosure and disqualification (2 California Code of Regulations section 18700 et. seq.). Failure to do so
constitutes a material breach of this Agreement and is grounds for immediate termination of this Agreement by the
County.
In accepting this Agreement, Contractor covenants that it presently has no interest, and will not acquire any interest,
direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of this
Agreement. Contractor further covenants that, in the performance of this Agreement, it will not employ any
contractor or person having such an interest. Contractor, including but not limited to contractor’s employees and
subcontractors, may be subject to the disclosure and disqualification provisions of the California Political Reform Act
of 1974 (the “Act”), that (1) requires such persons to disclose economic interests that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such persons from making or participating
in making decisions that will foreseeably financially affect such interests.
If the disclosure provisions of the Political Reform Act are applicable to any individual providing service under this
Agreement, Contractor shall, upon execution of this Agreement, provide the County with the names, description of
individual duties to be performed, and email addresses of all individuals, including but not limited to Contractor’s
employees, agents and subcontractors, who could be substantively involved in “mak[ing] a governmental decision”
or “serv[ing] in a staff capacity” and in that capacity participating in making governmental decisions or performing
duties that would be performed by an individual in a designated position, (2 CCR 18700.3), as part of Contractor’s
service to the County under this Agreement. Contractor shall immediately notify the County of the names and email
addresses of any additional individuals later assigned to provide such service to the County under this Agreement in
such a capacity. Contractor shall immediately notify the County of the names of individuals working in such a
capacity who, during the course of the Agreement, end their service to the County.
If the disclosure provisions of the Political Reform Act are applicable to any individual providing service under this
Agreement, Contractor shall ensure that all such individuals identified pursuant to this section understand that they
are subject to the Act and shall conform to all requirements of the Act and other applicable laws and regulations,
including but not limited to those listed in subpart (ii) of the first sentence of this Section VI.C including, as required,
filing of Statements of Economic Interests within 30 days of commencing service pursuant to this Agreement, annually
by April 1, and within 30 days of their termination of service pursuant to this Agreement.
D. GOVERNING LAW, VENUE
This Agreement has been executed and delivered in, and shall be construed and enforced in accordance with, the laws
of the State of California. Proper venue for legal action regarding this Agreement shall be in the County of Santa Clara.
E. ASSIGNMENT
No assignment of this Agreement or of the rights and obligations hereunder shall be valid without the prior written
consent of the other party.
Revision Date –
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7.3.b
Packet Pg. 302 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)
COUNTY OF SANTA CLARA
SERVICE AGREEMENT
Page 8 of 14
F. ASSIGNMENT OF CLAYTON ACT, CARTWRIGHT ACT CLAIMS
Contractor assigns to the County all rights, title, and interest in and to all causes of action it may have under Section 4
of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part
2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the
Contractor for sale to the County pursuant to this Agreement.
G. WAIVER
No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that
provision as to that or any other instance. Any waiver granted by a party shall be in writing and shall apply to the
specific instance expressly stated.
H. COMPLIANCE WITH ALL LAWS, INCLUDING NONDISCRIMINATION, EQUAL OPPORTUNITY, AND WAGE THEFT
PREVENTION
Compliance with All Laws. Contractor shall comply with all applicable Federal, State, and local laws, regulations,
rules, and policies (collectively, “Laws”), including but not limited to the nondiscrimination, equal opportunity,
and wage and hour Laws referenced in the paragraphs below.
Compliance with NonDiscrimination and Equal Opportunity Laws: Contractor shall comply with all applicable
Laws concerning nondiscrimination and equal opportunity in employment and contracting, including but not
limited to the following: Santa Clara County’s policies for contractors on nondiscrimination and equal opportunity;
Title VII of the Civil Rights Act of 1964 as amended; Americans with Disabilities Act of 1990; the Age Discrimination
in Employment Act of 1967; the Rehabilitation Act of 1973 (Sections 503 and 504); the Equal Pay Act of 1963;
California Fair Employment and Housing Act (Gov. Code § 12900 et seq.); California Labor Code sections 1101,
1102, and 1197.5; and the Genetic Information Nondiscrimination Act of 2008. In addition to the foregoing,
Contractor shall not discriminate against any subcontractor, employee, or applicant for employment because of
age, race, color, national origin, ancestry, religion, sex, gender identity, gender expression, sexual orientation,
mental disability, physical disability, medical condition, political belief, organizational affiliation, or marital status
in the recruitment, selection for training (including but not limited to apprenticeship), hiring, employment,
assignment, promotion, layoff, rates of pay or other forms of compensation. Nor shall Contractor discriminate in
the provision of services provided under this contract because of age, race, color, national origin, ancestry, religion,
sex, gender identity, gender expression, sexual orientation, mental disability, physical disability, medical condition,
political beliefs, organizational affiliations, or marital status.
Compliance with Wage and Hour Laws: Contractor shall comply with all applicable wage and hour Laws,
which may include but are not limited to, the Federal Fair Labor Standards Act, the California Labor Code, and,
if applicable, any local minimum wage, prevailing wage, or living wage Laws.
Definitions: For purposes of this Subsection H, the following definitions shall apply. A “Final Judgment” shall mean
a judgment, decision, determination, or order (a) which is issued by a court of law, an investigatory government
agency authorized by law to enforce an applicable Law, an arbiter, or arbitration panel and (b) for which all
appeals have been exhausted or the time period to appeal has expired. For pay equity Laws, relevant investigatory
government agencies include the federal Equal Employment Opportunity Commission, the California Division of
Labor Standards Enforcement, and the California Department of Fair Employment and Housing. Violation of a pay
equity Law shall mean unlawful discrimination in compensation on the basis of an individual’s sex, gender, gender
identity, gender expression, sexual orientation, race, color, ethnicity, or national origin under Title VII of the Civil
Rights Act of 1964 as amended, the Equal Pay Act of 1963, California Fair Employment and Housing Act, or
California Labor Code section 1197.5, as applicable. For wage and hour Laws, relevant investigatory government
agencies include the federal Department of Labor, the California Division of Labor Standards Enforcement, and the
City of San Jose’s Office of Equality Assurance.
PriorJudgments, Decisions orOrders againstContractor: Bysigning thisAgreement, Contractor affirms that
it has disclosed any final judgments that (A) were issued in the five years prior to executing this Agreement
by a court, an investigatory government agency, arbiter, or arbitration panel and (B) found that Contractor
violated an applicable wage and hour law or pay equity law. Contractor further affirms that it has satisfied
and complied with – or has reached Agreement with the County regarding the manner in which it will
satisfy – any such final judgments.
Revision Date –
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COUNTY OF SANTA CLARA
SERVICE AGREEMENT
Page 9 of 14
Violations of Wage and Hour Laws or Pay Equity Laws During Term of Contract: If at any time during the term of
this Agreement, Contractor receives a Final Judgment rendered against it for violation of an applicable wage and
hour Law or pay equity Law, then Contractor shall promptly satisfy and comply with any such Final Judgment.
Contractor shall inform the Office of the County ExecutiveOffice of Countywide Contracting Management (OCCM)
of any relevant Final Judgment against it within 30 days of the Final Judgment becoming final or of learning of the
Final Judgment, whichever is later. Contractor shall also provide any documentary evidence of compliance with
the Final Judgment within 5 days of satisfying the Final Judgment. Any notice required by this paragraph shall be
addressed to the Office of the County ExecutiveOCCM at 70 W. Hedding Street, East Wing, 11th Floor, San José,
CA 95110. Notice provisions in this paragraph are separate from any other notice provisions in this Agreement
and, accordingly, only notice provided to the Office of the County ExecutiveOCCM satisfies the notice
requirements in this paragraph.
Access to Records Concerning Compliance with Pay Equity Laws: In addition to and notwithstanding any other
provision of this Agreement concerning access to Contractor’s records, Contractor shall permit the County and/or
its authorized representatives to audit and review records related to compliance with applicable pay equity Laws.
Upon the County’s request, Contractor shall provide the County with access to any and all facilities and records,
including but not limited to financial and employee records, that are related to the purpose of this Subsection H,
except where prohibited by federal or state laws, regulations or rules. County’s access to such records and
facilities shall be permitted at any time during Contractor’s normal business hours upon no less than 10 business
days’ advance notice.
Pay Equity Notification: Contractor shall (1) at least once in the first year of this Agreement and annually
thereafter, provide each of its employees working in California and each person applying to Contractor for a job in
California (collectively, “Employees and Job Applicants”) with an electronic or paper copy of all applicable pay
equity Laws or (2) throughout the term of this Agreement, continuously post an electronic copy of all applicable
pay equity Laws in conspicuous places accessible to all of Contractor’s Employees and Job Applicants.
Material Breach: Failure to comply with any part of this Subsection H shall constitute a material breach of this
Agreement. In the event of such a breach, the County may, in its discretion, exercise any or all remedies available
under this Agreement and at law. County may, among other things, take any or all of the following actions:
Suspend or terminate any or all parts of this Agreement.
Withhold payment to Contractor until full satisfaction of a Final Judgment concerning violation of an
applicable wage and hour Law or pay equity Law.
Offer Contractor an opportunity to cure the breach.
Subcontractors: Contractor shall impose all of the requirements set forth in this Subsection H on any
subcontractors permitted to perform work under this Agreement. This includes ensuring that any subcontractor
receiving a Final Judgment for violation of an applicable Law promptly satisfies and complies with such Final
Judgment.
I. TERMINATION
Standard Termination Language
The County may, by written notice to Contractor, terminate all or part of this Agreement at any time for the convenience
of the County. The notice shall specify the effective date and the scope of the termination. In the event of termination,
Contractor shall deliver to County all documents prepared pursuant to the Agreement, whether complete or incomplete.
Contractor may retain a copy for its records. Upon receipt of the documents, Contractor shall be compensated based on
the completion of services provided, as solely and reasonably determined by County.
OR
Alternate Termination Language Attached as Exhibit ______________, incorporated by this reference.
(Requires County Counsel Approval)
J.BUDGET CONTINGENCY
This Agreement is contingent upon the appropriation of sufficient funding by the County for the services covered
by this Agreement. If funding is reduced or deleted by the County for the services covered by this Agreement, the
County has the option to either terminate this Agreement with no liability occurring to the County or to offer an
amendment to this Agreement indicating the reduced amount.
Revision Date –
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SERVICE AGREEMENT
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K. COUNTY NOSMOKING POLICY
Contractor and its employees, agents and subcontractors, shall comply with the County’s NoSmoking Policy, as set
forth in the Board of Supervisors Policy Manual section 3.47 (as amended from time to time), which prohibits
smoking: (1) at the Santa Clara Valley Medical Center Campus and all Countyowned and operated health facilities,
(2) within 30 feet surrounding Countyowned buildings and leased buildings where the County is the sole
occupant, and (3) in all County vehicles.
L. FOOD AND BEVERAGES STANDARDS
Except in the event of an emergency or medical necessity, the following nutritional standards shall apply to any
foods and/or beverages purchased by Contractor with County funds for Countysponsored meetings or events.
If food is to be provided, healthier food options shall be offered. “Healthier food options” include (1) fruits,
vegetables, whole grains, and low fat and low calorie foods; (2) minimally processed foods without added sugar and
with low sodium; (3) foods prepared using healthy cooking techniques; and (4) foods with less than 0.5 grams of
trans fat per serving. Whenever possible, Contractor shall (1) offer seasonal and local produce; (2) serve fruit instead
of sugary, high calorie desserts; (3) attempt to accommodate special, dietary and cultural needs; and (4) post
nutritional information and/or a list of ingredients for items served. If meals are to be provided, a vegetarian option
shall be provided, and the Contractor should consider providing a vegan option.
If prepackaged snack foods are provided, the items shall contain: (1) no more than 35% of calories from fat, unless
the snack food items consist solely of nuts or seeds; (2) no more than 10% of calories from saturated fat; (3) zero
transfat; (4) no more than 35% of total weight from sugar and caloric sweeteners, except for fruits and vegetables
with no added sweeteners or fats; and (5) no more than 360 mg of sodium per serving.
If beverages are to be provided, beverages that meet the County’s nutritional criteria are (1) water with no caloric
sweeteners; (2) unsweetened coffee or tea, provided that sugar and sugar substitutes may be provided as
condiments; (3) unsweetened, unflavored, reduced fat (either nonfat or 1% low fat) dairy milk; (4) plantderived
milk (e.g., soy milk, rice milk, and almond milk) with no more than 130 calories per 8 ounce serving; (5) 100% fruit
or vegetable juice (limited to a maximum of 8 ounces per container); and (6) other lowcalorie beverages (including
tea and/or diet soda) that do not exceed 40 calories per 8 ounce serving. Sugarsweetened beverages shall not be
provided.
M. CONTRACTING PRINCIPLES
All entities that contract with the County to provide services where the contract value is $100,000 or more per
budget unit per fiscal year and/or as otherwise directed by the Board, shall be fiscally responsible entities and shall
treat their employees fairly. To ensure compliance with these contracting principles, all contractors shall: (1) comply
with all applicable federal, state and local rules, regulations and laws; (2) maintain financial records, and make those
records available upon request; (3) provide to the County copies of any financial audits that have been completed
during the term of the contract; (4) upon the County’s request, provide the County reasonable access, through
representatives of the Contractor, to facilities, financial and employee records that are related to the purpose of the
contract, except where prohibited by federal or state laws,
regulations or rules.
N. CALIFORNIA PUBLIC RECORDS ACT
The County is a public agency subject to the disclosure requirements of the California Public Records Act (“CPRA”). If
Contractor’s proprietary information is contained in documents or information submitted to County, and Contractor
claims that such information falls within one or more CPRA exemptions, Contractor must clearly mark such information
“CONFIDENTIAL AND PROPRIETARY,” and identify the specific lines containing the information. In the event of a
request for such information, the County will make best efforts to provide notice to Contractor prior to such disclosure.
If Contractor contends that any documents are exempt from the CPRA and wishes to prevent disclosure, it is required
to obtain a protective order, injunctive relief or other appropriate remedy from a court of law in Santa Clara County
before the County is required to respond to the CPRA request. If Contractor fails to obtain such remedy within the time
the County is required to respond to the CPRA request, County may disclose the requested information.
Contractor further agrees that it shall defend, indemnify and hold County harmless against any claim, action or
litigation (including but not limited to all judgments, costs, fees, and attorney’s fees) that may result from denial by
County of a CPRA request for information arising from any representation, or any action (or inaction), by the
Contractor.
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O. THIRD PARTY BENEFICIARIES
This agreement does not, and is not intended to, confer any rights or remedies upon any person or entity other than
the parties.
P. INTELLECTUAL PROPERTY RIGHTS
Ownership: County shall own all right, title and interest in and to the Deliverables. For purposes of this Agreement,
the term “Deliverables” shall mean any documentation and deliverables created by Contractor during the
performance of services that are identified in this Agreement. Contractor hereby assigns to the County all rights, title
and interest in and to any and all intellectual property whether or not patentable or registrable under patent,
copyright, trademark or similar statutes, made or conceived or reduced to practice or learned by Contractor, either
alone or jointly with others, during the period of Contractor’s agreement with the County or result from the use of
premises leased, owned or contracted for by the County.
Contractor acknowledges that all original works of authorship which are made by Contractor (either solely or jointly
with others) within the scope of this Agreement and which are protectable by copyright are “works made for hire,”
as that term is defined in the United States Copyright Act (17 U.S.C. Section 101), and shall belong solely to County.
Contractor agrees that the County will be the copyright owner in all copyrightable works of every kind and
description created or delivered by Contractor, either solely or jointly with others, in connection with any
agreement with the County.
Q. INTELLECTUAL PROPERTY INDEMNITY
Contractor represents and warrants for the benefit of the County and its users that, to its knowledge, as of the
effective date of this Agreement, Contractor is the exclusive owner of all rights, title and interest in the Deliverables
and/or services provided pursuant to this Agreement. Contractor shall defend, indemnify and hold the County
harmless against any claim, action or litigation (including but not limited to all judgments, costs, fees, and reasonable
attorney’s fees) by a third party alleging the Deliverables and/or services provided pursuant to this Agreement
infringe upon any intellectual property rights of third parties. This indemnity and duty to defend is in addition to
and does not supersede the requirements stated in VII of this agreement.
R. OWNERSHIP RIGHTS TO MATERIALS/RESTRICTIONS ON USE
All materials obtained, developed or prepared by Contractor in the course of performing services hereunder,
including but not limited to videotapes, audio recordings, still photographs, ads or brochures, and the derivative
works, patent, copyright, trademark, trade secret or other proprietary rights associated therewith (collectively
“Deliverables”), shall be the sole and exclusive property of the County. To the extent Contractor owns or claims
ownership rights to said Deliverables, Contractor hereby expressly assigns all said rights, title, and interest in and to
the Deliverables to the County pursuant to the terms and conditions of this Agreement and at no additional cost. The
County has the exclusive royaltyfree irrevocable right to duplicate, publish or otherwise use for any purpose, all
materials prepared under this Agreement. If Contractor wishes to use the materials prepared hereunder for any
purpose including but not limited to promotional, educational or commercial purposes, the Contractor shall obtain
prior written authorization from the County, which consent may be withheld by the County in its sole discretion.
Contractor acknowledges that all original works of authorship which are made by Contractor (solely or jointly with
others) within the scope of this Agreement and which are protectable by copyright are “works made for hire,” as that
term is defined in the United States Copyright Act (17 U.S.C., Section 101), and shall belong solely to County.
Contractor agrees that the County will be the copyright owner in all copyrightable works of every kind and
description created or developed by Contractor, solely or jointly with others, in connection with any agreement with
the County. If requested to, and at no further expense to the County, Contractor will execute in writing any
acknowledgments or assignments of copyright ownership of such copyrightable works as may be appropriate for
preservation of the worldwide ownership in the County and its nominees of such copyrights. This section shall apply
to the extent not otherwise provided under this agreement.
Revision Date –
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COUNTY DATA
Definitions: “County Data” shall mean data and information received by Contractor from County. County Data
includes any information or data that is transported across a County network, or that resides in a Countyowned
information system, or on a network or system under the control and management of a contractor for use by County.
“County Confidential Information” shall include all material, nonpublic information (including material, nonpublic
County Data) appearing in any form (including, without limitation, written, oral or displayed), that is disclosed,
directly or indirectly, through any means of communication by County, its agents or employees, to Contractor, its
agents or employees, or any of its affiliates or representatives.
Contractor shall not acquire any ownership interest in County Data (including County Confidential Information).
As between Contractor and County, all County Confidential Information and/or County Data shall remain the property
of the County. Contractor shall not, without County’s written permission, use or disclose County Data (including
County Confidential Information) other than in the performance of its obligations under this Agreement.
Contractor shall be responsible for establishing and maintaining an information security program that is designed
to ensure the security and confidentiality of County Data, protect against any anticipated threats or hazards to the
security or integrity of County Data, and protect against unauthorized access to or use of County Data that could result
in substantial harm or inconvenience to County or any end users. Upon termination or expiration of this Agreement,
Contractor shall seek and follow County’s direction regarding the proper disposition of County Data.
Contractor shall take appropriate action to address any incident of unauthorized access to County Data, including
addressing and/or remedying the issue that resulted in such unauthorized access, and notifying County by phone or in
writing within 24 hours of any incident of unauthorized access to County Data, or any other breach in Contractor’s
security that materially affects County or end users. If the initial notification is by phone, Contractor shall provide a
written notice within 5 days of the incident. Contractor shall be responsible for ensuring compliance by its officers,
employees, agents, and subcontractors with the confidentiality, privacy, and information security requirements of this
Agreement. Should County Confidential Information and/or legally protected County Data be divulged to unauthorized
third parties, Contractor shall comply with all applicable federal and state laws and regulations, including but not
limited to California Civil Code sections 1798.29 and 1798.82 at Contractor’s sole expense. Contractor shall not charge
County for any expenses associated with Contractor’s compliance with these obligations.
Contractor shall defend, indemnify and hold County harmless against any claim, liability, loss, injury or damage
arising out of, or in connection with, the unauthorized use, access, and/or disclosure of information by Contractor
and/or its agents, employees or subcontractors, excepting only loss, injury or damage caused by the sole negligence
or willful misconduct of personnel employed by the County.
T. PAYMENT TERM [NOT APPLICABLE TO COMMUNITY BASEDORGANIZATIONS – Describe paymentterms forCBO’s in SectionV.
(D) PAYMENT SCHEDULE]
The County’s standard payment term shall be Net Thirty (30), unless otherwise agreed to by the parties. Payment shall
be due Net Thirty (30) days from the date of receipt and approval of correct and proper invoices. Payment is deemed to
have been made on the date the County mails the warrant or initiates the electronic funds transfer.
U. CONTRACT EXECUTION
Unless otherwise prohibited by law or County policy, the parties agree that an electronic copy of a signed contract,
or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink
signature. The term “electronic copy of a signed contract” refers to a transmission by facsimile, electronic mail, or
other electronic means of a copy of an original signed contract in a portable document format. The term
“electronically signed contract” means a contract that is executed by applying an electronic signature using
technology approved by the County.
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SERVICE AGREEMENT
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A. TYPE OF INSURANCE LANGUAGE
SECTION VII: INSURANCE/INDEMNIFICATION
Independent Contractors shall comply with the County’s insurance and indemnification requirements
as indicated below. These requirements do not apply to Dependent Contractors .
LIVING WAGE (IF APPLICABLE)
Unless otherwise exempted or prohibited by law or County policy, where applicable, Contractors that contract with
the County to provide Direct Services developed pursuant to a formal Request for Proposals process, as defined in
County of Santa Clara Ordinance Code Division B36 (“Division B36”) and Board Policy section 5.5.5.5 (“Living Wage
Policy”), and their subcontractors, where the contract value is $100,000 or more (“Direct Services Contract”), must
comply with Division B36 and the Living Wage Policy and compensate their employees in accordance with Division
B36 and the Living Wage Policy. Compliance and compensation for purposes of this provision includes, but is not
limited to, components relating to fair compensation, earned sick leave, paid jury duty, fair workweek, worker
retention, fair chance hiring, targeted hiring, local hiring, protection from retaliation, and labor peace. If Contractor
and/or a subcontractor violates this provision, the Board of Supervisors or its designee may, at its sole discretion,
take responsive actions including, but not limited to, the following:
Suspend, modify, or terminate the Direct ServicesContract.
Requirethe Contractor and/orSubcontractor to comply with an appropriate remediationplan
developed by the County.
Waive all or part of Division B36 or the Living WagePolicy.
This provision shall not be construed to limit an employee's rights to bring any legal action for violation of the
employee's rights under Division B36 or any other applicable law. Further, this provision does not confer any rights
upon any person or entity other than the Board of Supervisors or its designee to bring any action seeking the
cancellation or suspension of a County contract. By entering into this contract, Contractor certifies that it is
currently complying with Division B36 and the Living Wage Policy with respect to applicable contracts and
warrants that it will continue to comply with Division B36 and the Living Wage Policywith respect to applicable
contracts.
The followingstandardinsurance andindemnification language is attachedand incorporated into this
agreement:
Insurance Exhibit Name:
ModificationorWaiverAttached (ifappropriate)
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B. DETERMINATION OF INSURANCE REQUIREMENTS AND WAIVER DECLARATION
Workers Compensation:Does the contractor have employees?
If “YES”, then, WORKER’S COMPENSATION/EMPLOYER'S LIABILITY INSURANCE IS REQUIRED.
Owned Auto Insurance:
Will the contractor use any owned autos in the provision of direct services, such as transporting
clients in autos or operating autos in performance of the work itself?
If “YES”, then INSURANCE FOR OWNED AUTOS IS REQUIRED.
Hired Auto Insurance:
Will the contractor use any hired autos in the provision of direct services, such as transporting
clients in autos or operating autos in performance of the work itself?
If “YES”, then INSURANCE FOR HIRED AUTOS IS REQUIRED.
Nonowned Auto Insurance
Will the contractor be using any nonowned autos in the provision of direct services, such as
transporting clients in nonowned autos or operating nonowned autos in performance of the
work itself?
If “YES” then, INSURANCE FOR NONOWNED AUTOS IS REQUIRED.
When “NO” is checked, this declaration will serve as a waiver for the specified type of insurance.
SECTION VIII: FEDERAL/STATE REQUIRED PROVISIONS
(Examples include Drugfree Workplace Activity, Health Insurance Portability and Accountability Act (HIPAA),
Business Associate Language, etc.)
A. Federal Required Language Attached
Only add special language if services included in the contract require language different from or in addition
to that in Section VI.
Exhibit Name:
B. State Required Language Attached
Only add special language if services included in the contract require language different from or in addition
to that in Section VI.
Exhibit Name:
The Exhibits named above are attached and incorporated by this reference.
SECTION IX: ADDITIONAL ATTACHED EXHIBIT(S)
Attachments and exhibits that conflict with County standard provisions or require risk assessment must be approved by
County Counsel. Examples of attachments that require County Counsel approval are:
1) Contractor’s terms and conditions that are different than, or add to the standard provisions’ language,
2) Any changes to the language in Section VI—Standard Provisions.
Exceptions to County Counsel review include attachments that further explain the Contract Specifics as outlined in Section
V, and insurance exhibits.
Exhibit Name (s)
The Exhibits named above are attached and incorporated by this reference.
Revision Date –
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No
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Attachment A
Service Description and Expected Outcome (Scope of Service)
A. Service Description and Expected Outcome (Scope of Services)
This Agreement is between the County of Santa Clara (“County” or “District Attorney’s Office
(DAO)”) and the City of Gilroy (“Contractor”), relating to providing funding to support the
work of the South County Youth Task Force (the “SCYTF”) and the Youth Thrive Diversion
Program (YTDP) in South Santa Clara County. The YTDP aligns with SCYTF, which is a
collaborative of many city, county, educational, community-based and faith-based
organizations that seeks to reduce juvenile delinquent behaviors, recruitment of youth into
gangs, and youth violence in South Santa Clara County. The YTDP specifically seeks to
appropriately hold first time or lower-level juvenile criminal offenders accountable. YTDP
ensures that youth will remain a part of and thrive in their neighborhoods alongside other
community members. YTDP strives to repair the harm the youth has caused and prevent further
criminal conduct without immersing the youth in the Juvenile Justice System. The DAO office
will assume the role as the lead agency, helping with setting policy direction and seeking
funding for the SCYTF and the City of Gilroy will assume the responsibilities for staffing,
coordination and serve as the fiscal agency of the SCYTF, in agreement with the SCYTF Policy
Team.
1. Contractor’s Responsibilities:
a. Hire a .5 FTE Office Assistant 1 that will support the SCYTF for a minimum of 25
hours per week. This position will help with communication strategies, update the
SCYTF Website and other administrative support functions.
For the Office Assistant 1, the actual cost of salary and benefits per hour is $25.11
with an annual salary, benefits and indirect costs totaling between $28,297 -
$35,581.
If a .5 FTE Office Assistant 1 is not hired, the funding should be used to support
Community- Based Organizations (CBOs) and direct services to the community.
b. Hire a part-time program coordinator through CBOs that will support the
YTDP for a minimum of 25 hours per week. This position will help with
coordinating all aspects of the YTDP program, to include trainings and scheduling
of volunteers, referrals, intake process, communications, circle calendars and
outreaching to collaborative partners (community-based agencies, schools, law
enforcement and community residents, other City or County departments),
reporting, and other administrative support functions.
A
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For the part-time program coordinator, the cost of salary and benefit
reimbursement may not exceed $40,000 for the life of this agreement. Contractor
may hire within the agency or pass-through funding to a CBO partner.
c. Coordinating and providing services to support the SCYTF and the YTDP.
d. Provide office space at the Gilroy Police Department for two DAO staff assigned
to support the SCYTF: the SCYTF Program Manager and the Community
Outreach Specialist assigned to South County, both assigned to Community
Prosecution Unit.
e. Through the passthrough of funds, contractor shall retain the services of
Community Based Organizations (CBOs) to provide services that support the
SCYTF and the YTDP. This includes recruiting and retaining collaboration and
partnership of Community Based Organizations (CBOs) to provide services to
support the YTDP, providing program supports and expenses for the Restorative
Justice (RJ), prosocial activities, providing support for program participants in
need of assistance to complete their Individual Service Plan, trainings for the RJ
circle volunteers and holding Diversion circles as needed, maintaining and
providing updates the Gilroy United website and the SCYTF website, by request
of SCYTF and partners.
f. Minimally, 70% of the funds from SCC must be allocated to CBOs and
evaluation firms. The other 30% may be used for the .5 FTE Office Assistant
position as outlined above in section 1a. and other administrational or indirect
costs. Any remaining funds shall go towards CBOs and/or evaluation firms.
g. Contractor shall enter into separate agreements with CBOs that outline the
services and deliverables in accordance with the SCYTF, following the
Contractor’s procurement process.
h. Working and maximizing collaborative efforts with community-based
organizations (CBOs). SCYTF will offer relevant trainings to potential SCYTF
and YTDP volunteers for program and community restorative circles, such as:
Cultural Humility, Developmental Assets, Protective Factors, Restorative Justice,
Sexual Orientation and Identity, Trauma Informed Care, The Connection
Practice.
i. Reporting data, quarterly progress and financial reporting to the County in a
timely matter as outlined in Attachment B and updating a database that
documents each youth’s process within all funded SCYTF and YTDP programs,
their completion and follow through of their Individual Service Plant or lack of,
until program completion.
A
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2. All CBOs participating in the SCYTF will have the necessary credentials,
certifications, insurance, experienced staff, training and field expertise for the planned
array of services and track records for to provide services. The duties and
responsibilities of the experienced staff will include:
a. Conducting outreach support;
b. Linking and referring youth to SCYTF’s services and other community
programs;
c. Partnering with the County, the SCYTF and other local community assets to
further the goal of gang and violence prevention, intervention and violence
disruption to foster safer communities in South County;
d. Attending necessary meetings, including, but not limited to, impromptu crisis
response protocol and climate meetings, monthly SCYTF Technical Team and
bi-monthly Policy Team meetings, weekend events and work evenings (when
needed) to implement successful coordination of SCYTF project services;
e. Assisting in identifying funding matches for food expenses while adhering to
County nutritional guidelines for programming; and
f. Submitting monthly calendars on a quarterly basis documenting which services
are being rendered at which times, for each day of the week/month at each
location.
g. Outreach and Engagement Activities:
These activities aim to build rapport with youth to introduce services,
opportunities for self-referral, and invitation to participate in our
services/activities.
3. Contacts and Visits
Contractor will oversee and monitor all CBOs to ensure they are properly adhering to,
and providing services under, the SCYTF model. Contractor will also oversee site
visits to be completed by SCYTF’s program staff with appropriate clearance. Onsite
and off-site contact must be according to County, City and school procedures. Social
media connection is not allowed through personal sites.
4. Population to be Served: SCYTF
a. Children and young adults (Youth) served will be between the ages of 10-24 (any
gender or non-binary), who reside or attend school in South County (zip code areas
95020, 95021, 95037, 95038 and 95046) and can fall in one, or more, of the
following categories:
A
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1. At-risk -At-promise youth: Defined as youth who live in or attend schools in
low socio-economic areas, referred to as “Hot Spots” that have some
gang/violence-risk characteristics, such as, but not limited to youth exhibiting
Stability Needs; Potential Harm to Self or Others; Offending Behavior;
Trauma History/Lack of Healthy Coping Abilities; and Re- Victimization
Risk.
2. High-risk behaviors and gang-impact: Defined as youth exhibiting high-risk
behavior(s) related to gang lifestyles, re-offending and/or participating in
gang intimidation or behaviors associated with violence. This category
distinguishes from “at-risk” population in that it generates additional
characteristics demonstrating social-risk factors and level of intensity.
3. Youth who demonstrate to be violence/gang intentional: social circle is
integrated into intergenerational gang environment; youth self-identify, are
identified and/or are arrested for gang-related incidents or acts of gang
violence through the justice system.
b. Parents of youth and community members who reside in Morgan Hill, San Martin
and Gilroy Hot Spots, as defined by the Strategic Plan.
c. School Providers who identify themselves as needing support, services and wish to
integrate relevant SCYTF supports and trainings into the school, build staff’s
competency with working with youth who are displaying trauma and known at-risk
and high-risk behaviors.
d. Population to be Served: Diversion Program
Children (Youth) served will be between the ages of 10-17 (any gender or non-
binary), who reside or attend school in South County (zip code areas 95037, 95046
and 95020), who have committed a first-time, low-level offense, or have committed
a low-level offense first of its nature.
5. Location and Days of Operation:
a. Services will be provided in areas within South Santa Clara County, identified as
having a higher need for services, as evidenced by trends, hotter climate, escalated
youth issues and/or community and school demand, within accessible community-
based locations, such as community centers, libraries, churches, schools or virtual
platforms best identified by the Project Coordinator, collaborative partners and youth
who are going through SCYTF programs.
b. Services will be provided throughout the week and some evenings and weekends.
County’s Responsibilities:
1. County will provide leadership and assistance to the SCYTF Policy Team. This
includes providing support to the SCYTF Policy Team in:
A
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a. Participating in an engaging culture of active communication, coordination and
interagency collaboration.
b. Contributing and sharing resources which support and advance the goals of the
SCYTF in accordance with a budget (See Attachment D-2, “Budget” attached
and incorporated by this reference) and work plan approved by the Policy Team.
c. Actively participating in the Policy Team role that:
i. Evaluates emerging trends and sets policy direction;
ii. Monitors the progress of the Technical Team;
iii. Facilitates interagency collaboration and troubleshooting;
iv. Reviews efforts, measures success and makes changes as needed; and
v. Completes service delivery, if and as specified, within approved funding
applications.
d. Seeking out and bringing forward for consideration, “best practices” and
“evidence-based practices” that can be tailored to the South County’s unique
needs.
2. County will provide leadership and assistance to the SCYTF Technical Team and
the various subcommittees. This includes providing support to the SCYTF Technical
Team in:
a. Co-chairing the Technical Team and several working committees.
b. Providing direct services to youth and their families.
c. Supporting the intent of serving as a youth safety net,
d. Bringing up needs to Policy Team and implementing Policy Team direction.
3. County will provide leadership and assistance to the YTDP and SCYTF website
development. This includes providing support to the YTDP and website development in:
a. Participating in an engaging culture of active communication, coordination and
interagency collaboration.
b. Co-lead the YTDP Leadership Committee alongside the Program Coordinator.
c. Co-lead the Communications Committee alongside the City of Gilroy.
d. Contributing and sharing ideas, resources to both support and advance the goals
of the SCYTF, YTDP and SCYTF website in accordance with a budget (See
Attachment D-2, “Budget” attached and incorporated by this reference) and work
plan.
e. Actively participating in the SCYTF and YTDP Circles, trainings, workshops,
and outreaching activities.
f. Helping review efforts, measures success and makes changes as needed.
g. Completing service delivery, if and as specified, within approved funding
applications.
h. Seeking out and bringing forward for consideration, “best practices” and
“evidence-based practices” that can be tailored to the South County’s unique
needs.
A
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7.3.b
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Attachment ___
6
Unless specifically stated otherwise, quarterly periods referenced in this entire agreement shall
be defined as follows:
July 1, 2022 – September 31, 2022
October 1, 2022 – December 31, 2022
January 1, 2023 – March 30, 2023
April 1, 2023 – June 31, 2023
A
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7.3.b
Packet Pg. 315 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)
Attachment ___
7
Attachment B
Deliverables, Milestones & Timelines for Performance
Deliverables, Milestones, and Timeline for Performance
1. Contractor will enact the adopted strategic planning process and action plan that
defines the magnitude of the gang and community violence issues in the south Santa
Clara County area and identifies actions needed to best address them.
2. Within three (3) months from the last signature date on this agreement, Contractor
will provide the County with a plan for spending and timeline for deliverables
showing that the full amount will be spent within the period of this agreement. This
plan should include the following:
a. What services the Contractor will offer,
b. How the Contractor will fund those services,
c. Explanation of the need for services,
d. Desired outcome of results
3. Project data to be collected: number and type of primary, secondary and tertiary
services available as the result of this Program, units of service delivered, client
length of participation and completion rate(s), percentage of outcome goals achieved
by individual participants, numbers of referrals and rate of successful enrollment for
each service type and training offered.
4. The Program Lead Team, YTDP Implementation Team and Communications
Committee will present interim process and outcome results, including key service
delivery, participant progress, and participation data, and website development at
monthly Program Lead Team Meetings, to discuss and act on real time issues and any
needed program adjustments.
5. Transport of Clients: All necessary insurance and guidelines must be met and verified
before transporting clients. One-to-one driving is not allowed. Staff and youth in
transport must be of the same gender, or there may be another staff member in the
car of opposite gender. A guardian/parental permission slip must be signed each time
a youth enters a Contractor’s or Subcontractor’s vehicle. For Life Coaching/Case
Management/Small Group sessions, all intake paperwork must be up to date and the
two-to-one ratio must be enforced for transporting clients. Locations of services will
occur at the identified schools, community hubs, hot-spot parks and libraries. Contact
of client and transportation must follow County and Contractor procedures.
B
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7.3.b
Packet Pg. 316 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)
Attachment ___
8
6. Contractor will ensure that each subcontracting CBO maintains a written and
electronic individualized file on each client for case management services as well as
an Individual Service Plan (ISP). Contractor will ensure that each CBO has a file on
all group, training or program attendees to support the demographics and number of
clients and community members being served. CBOs will document each client's
progress within assigned service/program and notify Contractor of client's progress
and/or problems encountered within an assigned service/program.
7. Contractor must work with the County's evaluation staff and consultants to collect
data as required by the County:
a. Contractor must assist in supporting and implementing the goals of the County,
including the outcome measures, as determined by the County and agreed upon by
the Contractor.
b. Contractor must assure that each CBO work in conjunction with County and
County's outcomes team to create a client list. At a minimum, CBOs must provide
a client list that includes the following:
i. Initials of youth served;
ii. Include assigned Probation File Numbers for Youth (if applicable);
iii. Date of birth of youth served;
iv. Date of referral made to program (if applicable)
v. Date and length of time of youth’s Circle (if applicable)
vi. Date of when youth started receiving services;
vii. End date of when youth stopped receiving services;
viii. ZIP Code of youth served (if available);
ix. Ethnicity of youth served (if available); and
x. Hours of service per youth by activity type.
8. Contractor must request that CBOs work in conjunction with County to finalize a
Program Activity Report (PAR), Exhibit E "PAR/Invoicing Reporting Document,"
which is attached and incorporated by reference. Once the PAR format is approved
by the Contractor, the Contractor must submit it quarterly to the County by the
fifteenth working day of the new month following the end of the quarter.
9. Contractor must request that CBOs work in conjunction with the Contractor and
County to finalize a quarterly Program Narrative Report, Exhibit F "Program
Narrative Report," which is attached and incorporated by reference. Once the
Program Narrative Report format is finalized and approved by the Contractor, the
Contractor must submit it quarterly to the County, by the fifteenth (15th) business
day following the end of each quarter, for contents approval.
10. Contractor must complete and submit the quarterly reports and Invoice
documentation with appropriate supporting documents, (service calendar(s) with
times and locations of programs, subcontractor invoices, receipts and any in-kind
matches), by the 15th business day after the end of the quarterly period.
B
DocuSign Envelope ID: 0EFC5C9C-EF23-41E2-82BC-59089B6F17DBDocuSign Envelope ID: 3E71B7B5-58F9-475F-B962-0B00CF1A3B13
7.3.b
Packet Pg. 317 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)
Attachment ___
9
11. The PARs and quarterly and biannual Program Narrative Reports must be submitted by
email to the following address: baguilera@dao.sccgov.org.
12. Performance Targets, Metrics & Improvement Objectives:
Performance Standard Data Contractor Provides
Annually serve 75-200
at-risk to high-risk and
gang impacted youth,
ages 10-24.
Number of youths served, including demographic information such
as age, race/ethnicity, gender, and geographic region.
Number of youths enrolled in programs to include prosocial,
classes, group, trainings, and/or YTDP. Data should be provided by
program type.
This includes demographic information such as age, race/ethnicity,
gender, and geographic region.
Number of youths who complete programs and Individual Service
Plans or Agreements. Data should be provided by program type.
This includes demographic information such as age, race/ethnicity,
gender, and geographic region.
Number of youth and adult volunteers who attended and supported
each Circle Conducted.
Performance Standard Data Contractor Provides
Annually serve 65-150
parents, community
members and
educators who reside
and/or teach in
identified at-risk to
high-risk
neighborhoods.
Number of parents, community members, educators and local
government staff served, including demographic information such as
age, race/ethnicity, gender, and geographic region through a
program, workshop, Circle or training to help build their capacity in
restorative, culturally responsive and healing-informed / trauma-
informed frameworks.
Number of parents, community members, and educators enrolled in
programs or a training within restorative, culturally-responsive,
healing-informed / trauma-informed frameworks. Data should be
provided by program or training type.
This includes demographic information such as age, race/ethnicity,
gender, and geographic region.
List of trainings offered per year.
B
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7.3.b
Packet Pg. 318 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)
Attachment ___
10
Attachment C
Performance Standards
C. Performance Standards
1. Prior to beginning services, all Contractor and subcontractor CBO personnel working
directly with clients must obtain, at Contractor’s or their own expense, a Department
of Justice background clearance (Live Scan). If the results of the background check
are unfavorable, the County will notify Contractor to arrange for replacement
personnel. If replacement personnel cannot be found, County will terminate the
Agreement. Contractor will need to complete the following steps to obtain a
background clearance:
a. Contact the County Live Scan liaison at (408) 468-1633 to obtain a background
clearance application.
b. Contact the County of Santa Clara Office of the Sheriff to make a Live Scan
appointment. The office of the Sheriff can be contacted by phone: (800) 211-2220
or via their website http://www.sccgov.org/portal/site/sheriff.
c. County will contact Contractor once the results of the background clearance have
been received.
d. Contractor is required to notify the DAO’s liaison when the employment or
licensing relationship of any individual whose name was submitted for Live Scan
background clearance has concluded.
i. Contractor must provide the DAO with a list of employees who will be
performing services for the Contractor and include the following information
by July 30th of each new Fiscal Year:
Employee’s name;
The employee’s position/title and role within the program; and
The Probation program/service and contract purchase order
number that the employee is working under.
If Contractor’s personnel has already obtained a Live Scan background clearance,
Contractor shall provide supporting documentation to DAO by email to the following
address: baguilera@dao.sccgov.org.
2. Privacy – Contractor must comply with all state and federal laws regarding the
privacy of medical information, including but not limited to the following:
a. The Health Insurance Portability and Accountability Act, 45 C.F.R parts 160, 162
and 164
(“HIPAA”);
b. The Health Information Technology for Economic and Clinical Health Act
(“HITECH”
Act), Pub. L. 111-5, Div. A, Title XIII, § 130001 et seq., Div. B, Title IV, § 4001
et seq., Feb. 17, 2009, 123 Stat. 226, 467, 42 U.S.C.A. § 300ii, et seq., and
4U.S.C.A. § 17901, et seq.;
c. California Welfare and Institutions Code section 5328 et seq.; and
C
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7.3.b
Packet Pg. 319 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)
Attachment ___
11
d. California Evidence Code section 1010 et seq.
3. Contractor will perform the agreed services in a competent and expedient manner and
must immediately inform the County should problems arise that prohibit the
Contractor from performing the services in such a manner.
4. Contractor shall maintain written documentation, project information, and records
relevant to the services provided. Contractor must make this information available
for review by County upon reasonable notice.
5. Cultural Diversity, Inclusion, and Cultural Diversity:
Services must be provided in a culturally responsible manner to the entire target
population, demonstrating fair and equitable practices for participants of diverse
identities including gender, age, religion, race ethnicity, sexual orientation, gender
identity, and disability.
Contractor, and its selected CBOs, shall maintain and promote programs that provides
the highest quality of services to clients regardless of actual or perceived sexual
orientation, gender identity, or gender expression.
6. Contractor, and its CBOs, agrees to provide language/translation services for clients
and/or their families who may have Limited English Proficiency (LEP) skills.
Contractor further agrees to inform LEP individuals of their eligibility for benefits,
programs, and services in a language they understand. Contractor, and its CBOs, must
not only translate outreach materials, but must also explain how LEP individuals may
access available language assistance services. Methods Contractor, and its CBOs, can
use to inform LEP individuals about language assistance services may include
translating outreach materials into other languages, updating non-English content in
key languages on the main page of its program's website, and providing public service
messages in non-English media describing its programs. Additional methods of
providing notice include the use of forms, brochures, and/or language access posters
placed in conspicuous locations describing in multiple languages the availability of
language assistance services, the use of “I Speak” language identification cards, and
by including instructions in non-English languages on telephone menus. Sample of
the "I Speak" card is available at this website and Contractor may create their own
version.
https://www.dfeh.ca.gov/wp-content/uploads/sites/32/2017/06/DFEH-
DIR108Attach1.pdf
C
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7.3.b
Packet Pg. 320 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)
Attachment ___
12
7. County will evaluate and document the Contractor’s performance in accordance with
County policy. Contractor evaluation may consist of, but not be limited to, the
following evaluation forms:
a. Contractor Performance Evaluation report;
b. On-site review; and/or
c. Contractor self-evaluation.
8. Contractor will adhere to the Risk, Need, and Responsivity (RNR) model and an
evidence-based practice (EBP), which must be mutually agreed upon by DAO and
contractor. EBP must address SCYTF services. Contractor will ensure the integrity
of the model is maintained throughout the process of providing services to clients.
C
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7.3.b
Packet Pg. 321 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)
Attachment ___
13
Attachment D
Payment Schedule
1. The maximum compensation paid to Contractor under this Agreement must not exceed
two-hundred and forty-four thousand dollars ($244,000) for the length of this
agreement, a 12 month cycle: July 1, 2022 to June 30, 2023.
2. Contractor will be compensated for services rendered and/or expenses incurred in
accordance with Exhibit D-2, “Budget” hereto attached and incorporated by this
reference.
DAO and Contractor may, as needed and upon mutual agreement in writing, modify
budget line-item maximums and/or billable rates noted in Attachment D-2, “Budget”
to reflect the service delivery needs of the SCYTF without exceeding the maximum
financial obligation of this agreement.
3. Contractor will submit invoices at the end of each quarter, invoices will include the
Contractor's name and address; invoice number; contract number; date and description
of services; total invoice amount; year-to-date expenditures and remaining contract
balance.
The invoice covering services rendered in the final period of service in each applicable
fiscal year this agreement is in effect (fourth quarter or the month of July, as appropriate)
shall be submitted no later than July 1st (or next business day when July 1 falls outside
of normal County business hours).
4. If the invoice and supporting documents are in proper form, appropriately payable
under this Agreement, and have been reviewed and approved by the appropriate DAO,
County shall make payment to Contractor in accordance with Section VI: Standard
Provisions, Item U “Payment Term,” of this agreement. Payment is contingent upon
Contractor providing the agreed upon services according to the scope of services,
contract requirements, deliverables and performance standards detailed herein.
5. All records, books, reports, and documentation maintained by Contractor or the DAO,
pursuant to this agreement, or related to Contractor activities and expenditures under
this agreement shall be open for inspection and audit by Federal, State, and DAO
officials or the officials of the DAO, or their agents, upon demand at reasonable times.
D
DocuSign Envelope ID: 0EFC5C9C-EF23-41E2-82BC-59089B6F17DBDocuSign Envelope ID: 3E71B7B5-58F9-475F-B962-0B00CF1A3B13
7.3.b
Packet Pg. 322 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)
Page 1 of 1
Financial Contributing Agencies
JOINT REVENUE
Joint Revenue Total
Proposed FY 18-20 Budget Revenue (cost to individual partners) Contribution
FY 20 FY 21 FY 22 FY 23
Participating Agency and Contribution
Gilroy Unified School District $45,678.00 $45,678.00 $45,678.00 $45,678.00 $182,712.00
Santa Clara County - Probation $0.00 $0.00 $0.00 $0.00 $0.00
Santa Clara County - Probation Neighborhood Safety Unit $120,850.00 $142,550.00 $142,550.00 $172,550.00 $578,500.00
Santa Clara County Library $0.00 $0.00 $30,000.00 $30,000.00 $60,000.00
Morgan Hill Unified School District $45,000.00 $45,000.00 $45,000.00 $45,000.00 $180,000.00
Santa Clara County - District Attorney's Office (DAO)$40,000.00 $180,000.00 $210,199.00 $244,000.00 $674,199.00
Board of State and Community Corrections CalVIP $219,136.00 $154,237.67 $48,431.33 $0.00 $421,805.00
Total Joint Revenue FY 17-20 $470,664 $567,466 $521,858 $537,228 $2,097,216
Matches: Positions and Programming
In-Kind Positions (Base Rates)
City of Gilroy - SCYTF Coordinator Position $72,326 $141,966 $146,865 $150,742 $511,899
Santa Clara County - DAO - SCYTF PM Position $125,281 $134,981 $142,794 $152,756 $555,812
Santa Clara County - Probation Educaton Officer $118,554 $123,494 $128,640 $140,000 $510,688
Santa Clara County - DAO - SCYTF Community Outreach Specialist $0 $0 $74,112 $82,500 $156,612
City of Morgan Hill (also EAH and Boys & Girls Club) After School Program $54,000 $55,000 $57,000 $48,000 $214,000
Total Hard Match $370,161 $455,441 $549,411 $573,998 $1,949,011
Total Joint Revenue and Hard Match $840,825 $1,022,907 $1,071,269 $1,111,226 $4,046,227
EXPENDITURE
Expenditure Total
Proposed FY 20-23 Budget Expenditure Expenditure
FY 20 FY 21 FY 22 FY 23
Overtime - Police (GPD and MHPD)$28,000.00 $8,000.00 $8,000.00 $0.00 $44,000.00
Contractual Services: Positions, Programs and Activities
Joven Noble, Xinachtli, Late Night Gyms, School-based Outreach (Gil - MH)$204,699.00 $319,916.00 $233,109.00 $227,078.00 $984,802.00
Restorative Justice and New Diversion Program (Gil, MH, San Martin)$39,115.00 $32,000.00 $65,200.00 $65,200.00 $201,515.00
East Gilroy - San Ysidro/ Training/Prosocial Strategies (funded by NSU)$120,850.00 $142,550.00 $142,550.00 $172,550.00 $578,500.00
Outreaching and Crisis Response (CalVIP, then Gilroy Library/ Library funded)$28,000.00 $30,000.00 $30,000.00 $30,000.00 $118,000.00
SCYTF Website $4,999.00 $4,999.00
$0.00
Subtotal Salary and Contractual Services $420,664 $532,466 $483,858 $494,828 $1,931,816
Program Supplies
Smaller Contracts, Services and Supplies (for all groups, Strategic Planning, mass $40,000 $35,000 $38,000 $42,400 $155,400.00
translating and mass printing, youth incentives, etc,
Subtotal Supplies $40,000 $35,000 $38,000 $42,400 $155,400
Administration and Operational Expenses
Finance (AP, Project, Audit Review) and GPD $10,000.00 $10,000.00
8-10% of annual SCC Probation Contribution
Subtotal Administration and Operational Expenses $10,000 $0 $0 $0 $10,000
Total Expenditure Proposed FY 18-20 Budget $470,664 $567,466 $521,858 $537,228 $2,097,216
In-Kind Positions (Base Rates)
City of Gilroy - SCYTF Coordinator Position $72,326.16 $141,966.00 $146,864.98 $150,742.00 $511,899.14
Santa Clara County - DAO - SCYTF PM Position $125,281.00 $134,981.00 $142,794.00 $152,756.00 $555,812.00
Santa Clara County - Probation Educaton Officer $118,554.00 $123,494.00 $128,640.00 $140,000.00 $510,688.00
Santa Clara County - DAO - SCYTF Community Outreach Specialist $0.00 $0.00 $74,112.00 $82,500.00 $156,612.00
City of Morgan Hill (also EAH and Boys & Girls Club) After School Program $54,000.00 $55,000.00 $57,000.00 $48,000.00 $214,000.00
Total Partner Professional Expenses Hard Match $370,161 $455,441 $549,411 $573,998 $1,949,011
Total Joint Expenditure and Partner Professional $840,825 $1,022,907 $1,071,269 $1,111,226 $4,046,227
$0 ($0)$0 $0 $0
South County Youth Task Force
DocuSign Envelope ID: 0EFC5C9C-EF23-41E2-82BC-59089B6F17DBDocuSign Envelope ID: 3E71B7B5-58F9-475F-B962-0B00CF1A3B13
7.3.b
Packet Pg. 323 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)
Name of GRANTEE
Project Title:
Total Grant Award:
#1 #2 #3 #4 #5
Blank
Unduplicated
Participants per
Year
Average
Participant(s) per
Session
1 Client 1:1 Apppointment 11
2 Client T/C Contact 11
3 Client Drop In 11
4 Client Home Visit 11
5 Client Family Contact 11
6 MST/SST/IEP School Youth Advocacy
Meetings 11
7 Parent/ Guardian only Contacts 11
8 Referral In 11
9 Program Intake- Acceptance
10 Program Denial
11 Referral Linkage: Health 11
12 Referral Linkage: Mental Health
13 Referral Linkage: Education
14 Referral Linkage: Gang Interention
15 Collatoral/ Collaboration Work
16 Staff Development/ Training 11
17 Collatoral/ Collaboration Work 11
18 Pro-Social/ Service Learning/
Volunteer Hours Completed l 11
19 Case Conferencing 11
20 General Meetings/ Community
Meetings 11
21 Cultural Group Programs (Morgan
Hill, San Martin, & Gilroy )90 6
22 Restorative Justice Circles (Morgan
Hill, San Martin, & Gilroy )90 1
23 Case Management (Morgan Hill, San
Martin, & Gilroy )20 1
24 Crisis Response 11
25 Intervention 11
26 Community Outreach, Youth
Engagement Sessions (Summer)11
27 Outreach and Egagement Activities 11
28 Assessments Completed
29
30
31
Total
GRANTEE COMMUNITY
SOLUTIONS Date:
Title Date:
WITNESS THE EXECUTION HEREOF the day and year hereinabove written:
I certify that I have reviewed and hereby consent to all projected activities, schedules and site locations contained in this worksheet.
Projected
Total
Number of
Sessions
Average
Number of
Hours Per
Session
Program Activities
Projected Numbers of
Participants Served Per Activity
Location
City of Gilroy, SCYTF
Day(s)/Time of Activity
6 Month
Projected
Total Units
of Service
12 Month
Projected
Total Units
of Service
South County THRIVE PROJECT
$244,000
Implementation Schedule (includes the
projected numbers of sessions the activity will
be offered)
Total Cost Per UOS Units of Service Per
Eligible Service
Total Units of Service
#DIV/0!
#DIV/0!
ONE Cost Per UOS
8
Exhibit E Program Activity Report (PAR)DocuSign Envelope ID: 0EFC5C9C-EF23-41E2-82BC-59089B6F17DBDocuSign Envelope ID: 3E71B7B5-58F9-475F-B962-0B00CF1A3B13
7.3.b
Packet Pg. 324 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)
Exhibit E Program Activity Report (PAR)DocuSign Envelope ID: 0EFC5C9C-EF23-41E2-82BC-59089B6F17DBDocuSign Envelope ID: 3E71B7B5-58F9-475F-B962-0B00CF1A3B13
7.3.b
Packet Pg. 325 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)
Exhibit E Program Activity Report (PAR)DocuSign Envelope ID: 0EFC5C9C-EF23-41E2-82BC-59089B6F17DBDocuSign Envelope ID: 3E71B7B5-58F9-475F-B962-0B00CF1A3B13
7.3.b
Packet Pg. 326 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)
Exhibit E Program Activity Report (PAR)DocuSign Envelope ID: 0EFC5C9C-EF23-41E2-82BC-59089B6F17DBDocuSign Envelope ID: 3E71B7B5-58F9-475F-B962-0B00CF1A3B13
7.3.b
Packet Pg. 327 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)
Exhibit E Program Activity Report (PAR)DocuSign Envelope ID: 0EFC5C9C-EF23-41E2-82BC-59089B6F17DBDocuSign Envelope ID: 3E71B7B5-58F9-475F-B962-0B00CF1A3B13
7.3.b
Packet Pg. 328 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)
Exhibit E Program Activity Report (PAR)DocuSign Envelope ID: 0EFC5C9C-EF23-41E2-82BC-59089B6F17DBDocuSign Envelope ID: 3E71B7B5-58F9-475F-B962-0B00CF1A3B13
7.3.b
Packet Pg. 329 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)
3/25/2022
SOUTH COUNTY THRIVES! GRANTEE:
Project Title:
Total Grant Award:
ES
Code
Pol Div
Code Projected 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Average Projected 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Annual Total Projected 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Average Projected 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Annual Total
1 Client 1:1 Apppointment
1.00
2 Client T/C Contact 0.25
3 Client Drop In 1.00
4 Client Home Visit 1.00
5 Client Family Contact 1.00
6 MST/SST/IEP School Youth
Advocacy Meetings 1.00
7 Parent/ Guardian only Contacts 1.00
8 Referral In 1.00
9 Program Intake- Acceptance 0.25
10 Program Denial 0.25
11 Referral Linkage: Health 1.00
12 Referral Linkage: Mental Health 1.00
13 Referral Linkage: Education 1.00
14 Referral Linkage: Gang
Interention 1.00
15 Collatoral/ Collaboration Work 2.00
16 Staff Development/ Training 1.00
17 Collatoral/ Collaboration Work 1.00
18 Pro-Social/ Service Learning/
Volunteer Hours Completed 2.00
19 Case Conferencing 1.00
20 General Meetings/ Community
Meetings 1.00
21
Cultural Group Programs
(Morgan Hill, San Martin, &
Gilroy )
2.00
22
Restorative Justice Circles
(Morgan Hill, San Martin, &
Gilroy )
1.00
23 Case Management (Morgan Hill,
San Martin, & Gilroy )1.00
24 Crisis Response 1.00
25 Intervention 1.00
26 Community Outreach, Youth
Engagement Sessions (Summer)2.00
27 Outreach and Engagement
Activities 2.00
28 Assessments Completed 1.00
29 1.00
30 1.00
Total
Grant
6th
Quarter
7th
Quarter
8th
Quarter
9th
Quarter
Annual
Total
Total
Match
6th
Quarter
7th
Quarter
8th
Quarter
9th
Quarter
Annual
Total
N/A N/A N/A
Summary of SCYTF Inputs
Activity
Total Average
Session
Participants
Summary of SCYTF Inputs
Actual Total Units
of Service
Projected Total
Units of Service (12
mos.)
Projected Total
Units of Service
(First 6 mos.)
Program Activities
Inputs
Activities & Eligible Codes Total Number of Sessions
Projected Number
Served
(Unduplicated)
Actual Number
Served
(Unduplicated)
City of Gilroy
South County THRIVE PROJECT
244,000.00$
Actual to
Projected
Effort
Units of ServiceAverage Number of Participants
per Session
Average Number of Hours per
Session
Page 13
Exhibit E Program Activity Report (PAR)DocuSign Envelope ID: 0EFC5C9C-EF23-41E2-82BC-59089B6F17DBDocuSign Envelope ID: 3E71B7B5-58F9-475F-B962-0B00CF1A3B13
7.3.b
Packet Pg. 330 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)
Exhibit E Program Activity Report (PAR)DocuSign Envelope ID: 0EFC5C9C-EF23-41E2-82BC-59089B6F17DBDocuSign Envelope ID: 3E71B7B5-58F9-475F-B962-0B00CF1A3B13
7.3.b
Packet Pg. 331 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)
Exhibit E Program Activity Report (PAR)DocuSign Envelope ID: 0EFC5C9C-EF23-41E2-82BC-59089B6F17DBDocuSign Envelope ID: 3E71B7B5-58F9-475F-B962-0B00CF1A3B13
7.3.b
Packet Pg. 332 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)
GENDER: ETHNICITY CODES: TYPE: School Affiliation:
Referral In to
Program:
1 - Male 1 - Asian 6 - Latinx 1. Youth E: Elementary 1 - GPD Agreement
2 - Female 2 - Black 7 - Native American 2. Parent M: Middle School 2 - MHPD P
Non-
Binary 3 - Cambodian 8 - Pacific Islandender
Community
Member H: High School 3 - SCCSO S 1= Ltr
4 - Other 4 - White 9 - Vietnamese 4. Educator V 2 = Res
5 - Filipino 10 - Other/ N/A
5. Law
Enforcemen
t
SH 3=other
C
G
M
O
Line
Number First Name Last Name Type Birth Month Birth Day Birth Year Age Participant ID Code Gender Ethnicity Zip Code
School
Affiliation
School
Name
Referral
Source
Month of
Entry
Day of
Entry
Year of
Entry
Month of
Entry
Day of
Entry
Year of
Entry
Enter
Code
Enter
Code
Enter
Code
Enter
Code
Other
Agreement
(aside from referral)
0-1 Mon 1-2 Mon 2-3 Mon 4 mon+At-Risk High-
Risk Impacted Intentional
Disconnected
with School?
Ever Been
Arrested?In Job Training Has a job
Low School
Attendance
Part of a
Program
Month of
Exit
Day of
Exit
Year of
Exit
Connected
with School?
Arrested
while in
Program?
In Job Training Has a job
Better School
Attendance
Completed
Program/
Training
Completed
Agreement
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
Date Referral Recevied
by CBO
Participant I.D. Information Complete all cells that are in yellow.
Date Referral Recevied
by DCP
Codes of Referred Programs As
Part of RJ Agreement
Program Stages
of Attendance
1 = Yes Regularly
2 = Somewhat
3=Inconsistent
4= Not At All
Status Report #1- Program Entry
Date of Exit from Program
(or 4th Quarter)
Status Report #2 - Program Exit or End of 4th Quarter Outcomes
:Gym/Prosocial
:Street Intervention
: Other
:School 2 = No 2 = No 2 = No
:CBO 3 = Does Not Apply 3 = Does Not Apply
: Group
: Mental Health
Youth On Entry: Youth On Entry:Youth On Exit::Voluteer Hours 1 = Yes 1 = Yes 1 = Yes
Exhibit E Program Activity Report (PAR)DocuSign Envelope ID: 0EFC5C9C-EF23-41E2-82BC-59089B6F17DBDocuSign Envelope ID: 3E71B7B5-58F9-475F-B962-0B00CF1A3B13
7.3.b
Packet Pg. 333 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)
County of Santa Clara Office of the District Attorney
South County Youth Task Force
FY 22 Monthly Narrative Report
Page 1 of 2
Name: Agency:: City of Gilroy
Program:South County Youth Task Force-THRIVE (Transformation and Hope, Resiliency, Integrity, Voice &
Engagement)
Phone: E-Mail:
Send Narrative form to:
7/1/22 – 9/30/22 10/1/22 – 12/31/22 1/1/23-3/30/23 4/1/23-6/30/23
Narratives are due the 15th business day of the following quarterly
1. Challenges, Discrepancies and Corrective Actions: Explain any challenges, discrepancies between
anticipated and actual services delivered for the month. State what happened, why it happened, what you are
doing to correct the situation and how the program and community has been impacted.
Activity Discrepancies and Corrective Actions
1. Client 1:1 Appointment
2. Client T/C Contact
3. Client Drop In
4. Client Home Visit
5. Client-Family Contact
6. MST/SST/IEP or other Youth Advocacy Meetings
7. Parent only Contacts
8. Referral In
9. Program Intake- Acceptance
10. Program Denial
11. Referral Linkage: Health
12. Referral Linkage: Mental Health
13. Referral Linkage: Education
14. Referral Linkage: Gang Intervention
15. Collateral/ Collaboration Work
16. Staff Development/ Training
17. Collateral/ Collaboration Work
18. Pro-Social/ Service Learning/ Volunteer Hours Completed
19. Case Conferencing
20. General Meetings/ Community Meetings
21. Cultural Group Programs (Morgan Hill, San Martin, & Gilroy )
22. Restorative Justice Circles (Morgan Hill, San Martin, & Gilroy )
23. Case Management (Morgan Hill, San Martin, & Gilroy )
24. Crisis Response
25. Intervention
26. Community Outreach, Youth Engagement Sessions (Summer)
27. Outreach and Engagement Activities
28. Assessments Completed
Exhibit F Program Narrative Report
DocuSign Envelope ID: 0EFC5C9C-EF23-41E2-82BC-59089B6F17DBDocuSign Envelope ID: 3E71B7B5-58F9-475F-B962-0B00CF1A3B13
7.3.b
Packet Pg. 334 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)
County of Santa Clara Office of the District Attorney
South County Youth Task Force
FY 22 Monthly Narrative Report
Page 2 of 2
2. Program Highlights and Accomplishments: Discuss activities that are going particularly well and why.
3. Updates: Provide any updates regarding changes in staffing, scheduling, space, etc.
4. Collaborative Activities (collaboratives only): Discuss activities and developments among partner
agencies.
5. In relation to the overall budget, are grant funds being expended as planned and on schedule?
Yes No
If no, explain why and describe the plan to correct it.
6. Are all funded positions filled (includes the lead agency and any contracted agencies)?
Yes No
If no, which grant-funded positions are unfilled, why, and what is the timeline to fill them?
7. What quality assurance methods are in place to ensure all programs/services are delivered as
intended and with fidelity to the approaches described in your original proposal?
8. If applicable, describe any funded trainings that occurred during the reporting period. Include
the date(s), number of attendees and list of participating agencies.
9. Additional comments: Provide comments or feedback to District Attorney’s Department staff.
Exhibit F Program Narrative Report
DocuSign Envelope ID: 0EFC5C9C-EF23-41E2-82BC-59089B6F17DBDocuSign Envelope ID: 3E71B7B5-58F9-475F-B962-0B00CF1A3B13
7.3.b
Packet Pg. 335 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)
EXHIBIT B-2 (revised)
Rev. 9/2016 1
INSURANCE REQUIREMENTS FOR
STANDARD CONTRACTS ABOVE $100,000
Indemnity
The Contractor shall indemnify, defend, and hold harmless the County of Santa Clara (hereinafter
"County"), its officers, agents and employees from any claim, liability, loss, injury or damage
arising out of, or in connection with, performance of this Agreement by Contractor and/or its agents,
employees or sub-contractors, excepting only loss, injury or damage caused by the sole negligence
or willful misconduct of personnel employed by the County. It is the intent of the parties to this
Agreement to provide the broadest possible coverage for the County. The Contractor shall
reimburse the County for all costs, attorneys' fees, expenses and liabilities incurred with respect
to any litigation in which the Contractor contests its obligation to indemnify, defend and/or hold
harmless the County under this Agreement and does not prevail in that contest.
Insurance
Without limiting the Contractor's indemnification of the County, the Contractor shall provide and
maintain at its own expense, during the term of this Agreement, or as may be further required
herein, the following insurance coverages and provisions:
A. Evidence of Coverage
Prior to commencement of this Agreement, the Contractor shall provide a Certificate of
Insurance certifying that coverage as required herein has been obtained. Individual
endorsements executed by the insurance carrier shall accompany the certificate. In addition,
a certified copy of the policy or policies shall be provided by the Contractor upon request.
This verification of coverage shall be sent to the requesting County department, unless
otherwise directed. The Contractor shall not receive a Notice to Proceed with the work
under the Agreement until it has obtained all insurance required and such insurance has been
approved by the County. This approval of insurance shall neither relieve nor decrease the
liability of the Contractor.
B. Qualifying Insurers
All coverages, except surety, shall be issued by companies which hold a current policy
holder's alphabetic and financial size category rating of not less than A- V, according to the
current Best's Key Rating Guide or a company of equal financial stability that is approved
by the County's Insurance Manager.
DocuSign Envelope ID: 0EFC5C9C-EF23-41E2-82BC-59089B6F17DBDocuSign Envelope ID: 3E71B7B5-58F9-475F-B962-0B00CF1A3B13
7.3.b
Packet Pg. 336 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)
EXHIBIT B-2 (revised)
Rev. 9/2016 2
C. Notice of Cancellation
All coverage as required herein shall not be canceled or changed so as to no longer meet
the specified County insurance requirements without 30 days' prior written notice of such
cancellation or change being delivered to the County of Santa Clara or their designated
agent.
D. Insurance Required
1. Commercial General Liability Insurance - for bodily injury (including death) and
property damage which provides limits as follows:
a. Each occurrence - $1,000,000
b. General aggregate - $2,000,000
c. Products/Completed Operations aggregate - $2,000,000
d. Personal Injury - $1,000,000
2. General liability coverage shall include:
a. Premises and Operations
b. Products/Completed
c. Personal Injury liability
d. Severability of interest
3. General liability coverage shall include the following endorsement, a copy of which
shall be provided to the County:
Additional Insured Endorsement, which shall read:
“County of Santa Clara, and members of the Board of Supervisors of
the County of Santa Clara, and the officers, agents, and employees of
the County of Santa Clara, individually and collectively, as additional
insureds.”
Insurance afforded by the additional insured endorsement shall apply as primary
insurance, and other insurance maintained by the County of Santa Clara, its
officers, agents, and employees shall be excess only and not contributing with
insurance provided under this policy. Public Entities may also be added to the
DocuSign Envelope ID: 0EFC5C9C-EF23-41E2-82BC-59089B6F17DBDocuSign Envelope ID: 3E71B7B5-58F9-475F-B962-0B00CF1A3B13
7.3.b
Packet Pg. 337 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)
EXHIBIT B-2 (revised)
Rev. 9/2016 3
additional insured endorsement as applicable and the contractor shall be notified by
the contracting department of these requirements.
4. Automobile Liability Insurance
For bodily injury (including death) and property damage which provides total limits
of not less than one million dollars ($1,000,000) combined single limit per
occurrence applicable to all owned, non-owned and hired vehicles.
4a. Aircraft/Watercraft Liability Insurance (Required if Contractor or any of its agents
or subcontractors will operate aircraft or watercraft in the scope of the Agreement)
For bodily injury (including death) and property damage which provides total limits
of not less than one million dollars ($1,000,000) combined single limit per
occurrence applicable to all owned, non-owned and hired aircraft/watercraft.
5. Workers' Compensation and Employer's Liability Insurance
a. Statutory California Workers' Compensation coverage including broad form
all-states coverage.
b. Employer's Liability coverage for not less than one million dollars
($1,000,000) per occurrence.
E. Special Provisions
The following provisions shall apply to this Agreement:
1. The foregoing requirements as to the types and limits of insurance coverage to be
maintained by the Contractor and any approval of said insurance by the County or
its insurance consultant(s) are not intended to and shall not in any manner limit or
qualify the liabilities and obligations otherwise assumed by the Contractor pursuant
to this Agreement, including but not limited to the provisions concerning
indemnification.
2. The County acknowledges that some insurance requirements contained in this
Agreement may be fulfilled by self-insurance on the part of the Contractor.
However, this shall not in any way limit liabilities assumed by the Contractor under
this Agreement. Any self-insurance shall be approved in writing by the County
upon satisfactory evidence of financial capacity. Contractors obligation hereunder
may be satisfied in whole or in part by adequately funded self-insurance programs
or self-insurance retentions.
DocuSign Envelope ID: 0EFC5C9C-EF23-41E2-82BC-59089B6F17DBDocuSign Envelope ID: 3E71B7B5-58F9-475F-B962-0B00CF1A3B13
7.3.b
Packet Pg. 338 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)
EXHIBIT B-2 (revised)
Rev. 9/2016 4
3. Should any of the work under this Agreement be sublet, the Contractor shall require
each of its subcontractors of any tier to carry the aforementioned coverages, or
Contractor may insure subcontractors under its own policies.
4. The County reserves the right to withhold payments to the Contractor in the event
of material noncompliance with the insurance requirements outlined above.
F. Fidelity Bonds (Required only if contractor will be receiving advanced funds or payments)
Before receiving compensation under this Agreement, Contractor will furnish
County with evidence that all officials, employees, and agents handling or having
access to funds received or disbursed under this Agreement, or authorized to sign or
countersign checks, are covered by a BLANKET FIDELITY BOND in an amount
of AT LEAST fifteen percent (15%) of the maximum financial obligation of the
County cited herein. If such bond is canceled or reduced, Contractor will notify
County immediately, and County may withhold further payment to Contractor until
proper coverage has been obtained. Failure to give such notice may be cause for
termination of this Agreement, at the option of County.
DocuSign Envelope ID: 0EFC5C9C-EF23-41E2-82BC-59089B6F17DBDocuSign Envelope ID: 3E71B7B5-58F9-475F-B962-0B00CF1A3B13
7.3.b
Packet Pg. 339 Attachment: Fully executed City of Gilroy YTDP_SCYTF SA (3869 : Approve County Funding for SCYTF)
COUNTY OF SANTA CLARA
SERVICE AGREEMENT
Page 1 of 14
SECTION I: GENERAL INFORMATION
Contractor Name:
(As Displayed in SAP)
Purchase Order Number:
Agency/Department Name:Department
Number:
Brief Description of Services
Maximum Financial Obligation
The maximum amount payable to this Contractor
under this agreement shall not exceed:
Term of Agreement
Start Date: End Date:
Note: When left blank, start date will be the date executed by Authorized County Representative.
For County Use Only
Account
Assignment
Plant
Number
General
Ledger
(Expense
Code)
Cost
Center
(Dept.
Code)
Amount WBS
(Capital Project Code)
Internal
Order
(“PCA” code
–optional)
Line 1
Line 2
Line 3
Line 4
Line 5
Revision Date –
H
H
Select
Select
Select
3&2
3&2
4400008316
7.3.c
Packet Pg. 340 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)
COUNTY OF SANTA CLARA
SERVICE AGREEMENT
Page 2 of 14
SECTION II: PARTIES TO AGREEMENT
Legal notices and invoices pertaining to this Agreement shall be sent to the appropriate contact person
listed below, except as otherwise specifically provided for herein. Notices shall be in writing and served
either by personal delivery or sent by certified or registered mail, postage prepaid, addressed as follows.
Notice shall be deemed effective on the date that the notice is personally delivered or, if mailed, three (3)
daysafterdepositinthemail. Eitherpartymaydesignate a differentpersonand/oraddressforthereceipt
of notices by sending written notice to the other party, which shall not require an amendment to this
Agreement.
CONTRACTOR
Contractor Name:
(As Displayed in SAP)
Contact Person:
Street Address*:
City*: State: Zip:
Telephone Number*:
Email Address*:
SCC Vendor Number:
(As Assigned in SAP)
*To be completed for Independent Contractors Only – DO NOT COMPLETE FOR DEPENDENT CONTRACTORS
COUNTY OF SANTA CLARA
Agency/Department:
Program Manager/Contract
Monitor Name:
Street Address:
City: State: Zip:
Telephone Number:
Fiscal Contact:
(Accounts Payable Contact)
Contract Preparer:
Revision Date –
7.3.c
Packet Pg. 341 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)
COUNTY OF SANTA CLARA
SERVICE AGREEMENT
Revision Date – Page 3 of 14
SECTION III: CONTRACT AUTHORIZATION
It is agreed between County and Contractor that Contractor will, for the compensation described in this
Agreement, perform the work described in Section V in accordance with all terms and conditions of this
Agreement including all exhibits and attachments. In addition, County and Contractor assert that the tax
withholding status and benefit documentation (Section IV) accurately reflect the anticipated working
relationship between County and Contractor. Further, Independent Contractors shall comply with the
County’s insurance and indemnification requirements. Contractor certifies that any applicable insurance
waiver information (Section VII, B) is true and correct. This Agreement may be executed in one or more
counterparts, each of which will be considered an original, but all of which together will constitute one
and the same instrument.
SIGNATURES
Contract is not valid until signed by Contractor, County Counsel and County’s Authorized Representative.
County Agency/Department
Manager:Date:
County Agency/Department
Fiscal Officer:Date:
County Counsel Approval as to
Form and Legality Date:
(Signature required on all contracts before execution by Contractor and County Authorized l
Representative)
Contractor: Date:
County Authorized
Representative: Date:
(Procurement Department; President, Board of Supervisors; or Delegated Authority)((
Office of the County Executive:
Date:
(Signature required when Board approved contract by a delegation of authority(()yy
Signed and certified that a copy of this
document has been delivered by
electronic or other means to the
President, Board of Supervisors.
Attest:
Clerk of the Board of Supervisors
(Signature required when Board approved contract)
Date:
Chanthavy Sivongxay, Senior Strategic Sourcing Officer
7.3.c
Packet Pg. 342 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)
COUNTY OF SANTA CLARA
SERVICE AGREEMENT
Page 4 of 14
SECTION IV: DETERMINATION OF RELATIONSHIP STATUS
Dependent/Independent status is an important relationship distinction. It determines the contractor’s
eligibility for Medicare and Social Security, Public Employees’ Retirement System benefits, and other
benefits and affects how the contractor files tax returns and the contractor’s responsibility for various
federal and state taxes.
Questionnaire to be Completed by Contracting Department to Determine Relationship Status of Contractor
Supervision: Will the County have the right to tell the contractor how to do the work, when to arrive or
leave work, or when to take breaks? Do you have other employees performing similar work with a similar
degree of supervision? If the answer to any of these questions is YES, select YES from the dropdown.
Training: Will the County instruct the contractor on how to do the job or pay for external training?
Incomplete Work: Will the Contractor be able to resign or terminate the contract without being held
either financially or legally liable for unfinished work?
Place of Work/Tools: Will the County provide the Contactor with a place to work at a County location and
tools to do the job, i.e. computers, telephones, etc.?
Length of Relationship: When the Contractor is hired to complete ongoing departmental duties or
functions— answer YES. When the contractor is hired to complete a specific project that was not the
regular tasks performed by County employees before— answer NO.
Other Customers: Does the County prevent the Contractor from performing similar services for other
customers, either due to the amount of work (full-time), or by contractual provision?
Designation as Business Entity: If the Contractor has a business license or business certificate, or is a
corporation, nonprofit organization, or school district, select “No” from the dropdown. (This does not
pertain to professional licenses or certificates such as a license for a physician or architect.)
Enter below the business license number and the city/entity where issued.
Bus. License #: Issued by:
Payment Schedule: Will payments be made either as an hourly wage or as weekly/monthly salary? If
payment is by commission or based on project milestones or deliverables, answer “NO” to this
question. Be sure this answer matches the contract payment schedule in Section V.
Support Services: Will County employees or other independent contractors provide assistance to this
Contractor? Assistance is defined as clerical, technical or professional support.
If at least 5 of the above questions were answered “NO”, Contractor is an Independent Contractor.
If 5 or more of the above questions were answered “YES”, Contractor is a Dependent Contractor,
where the relationship resembles that of employer/employee. Tax withholding is required, and
benefits are provided. Complete and attach the following forms: Employee’s Withholding Allowance
Certificate—Federal Form W-4, State Withholding, Form DE-4, Determining PERS Eligibility and PERS
Member Action Request. Visit www.ceo for more information regarding Dependent Contractors.
County insurance requirements do not apply to Dependent Contractors.
Contractor understands and agrees that the tax withholding and benefit status checked above is correct. Any changes to the
contractor’s tax withholding and benefit status require a new contract. Contractor is responsible for any penalties and
liabilities assessed by any taxing authority, based on a change of tax withholding and benefit status.
Contractor’s Initials: Dept. Fiscal Officer’s
Signature:
Revision Date –
No
No
No
No
No
No
No
No
NoNoNoNo
NoNoNoNo
NoNoNoNo
NoNoNoNo
NoNoNoNo
No
No
7.3.c
Packet Pg. 343 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)
COUNTY OF SANTA CLARA
SERVICE AGREEMENT
Page 5 of 14
SECTION V: CONTRACT SPECIFICS
A. SERVICE DESCRIPTION AND EXPECTED OUTCOME (SCOPE OF SERVICE)
Or See Attachment: incorporated by this reference.
B. DELIVERABLES, MILESTONES & TIMELINE FOR PERFORMANCE
Or See Attachment: Incorporated by this reference.
Revision Date –
7.3.c
Packet Pg. 344 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)
COUNTY OF SANTA CLARA
SERVICE AGREEMENT
Page 6 of 14
C. PERFORMANCE STANDARDS
Or See Attachment: Incorporated by this reference.
D. PAYMENT SCHEDULE
Note: Dependent contractors are not permitted to work in
excess of 40 hours per week
Is contractor a Community Based Organization (CBO)?
Yes
No
Or See Attachment: Incorporated by this reference.
Revision Date –
7.3.c
Packet Pg. 345 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)
COUNTY OF SANTA CLARA
SERVICE AGREEMENT
Page 7 of 14
SECTION VI: STANDARD PROVISIONS
Changes to the terms and conditions in this section require approval of County Counsel
A. ENTIRE AGREEMENT
This Agreement and its Appendices (if any) constitutes the final, complete and exclusive statement of the terms of the
agreement between the parties. It incorporates and supersedes all the agreements, covenants and understandings
between the parties concerning the subject matter hereof, and all such agreements, covenants and understandings
have been merged into this Agreement. No prior or contemporaneous agreement or understanding, verbal or
otherwise, of the parties or their agents shall be valid or enforceable unless embodied in this Agreement.
B. AMENDMENTS
This agreement may only be amended by a written instrument signed by the Parties.
C. CONFLICTS OF INTEREST
Contractor shall comply, and require its subcontractors to comply, with all applicable (i) requirements governing
avoidance of impermissible client conflicts; and (ii) federal, state and local conflict of interest laws and regulations
including, without limitation, California Government Code section 1090 et. seq., the California Political Reform Act
(California Government Code section 87100 et. seq.) and the regulations of the Fair Political Practices Commission
concerning disclosure and disqualification (2 California Code of Regulations section 18700 et. seq.). Failure to do so
constitutes a material breach of this Agreement and is grounds for immediate termination of this Agreement by the
County.
In accepting this Agreement, Contractor covenants that it presently has no interest, and will not acquire any interest,
direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of this
Agreement. Contractor further covenants that, in the performance of this Agreement, it will not employ any
contractor or person having such an interest. Contractor, including but not limited to contractor’s employees and
subcontractors, may be subject to the disclosure and disqualification provisions of the California Political Reform Act
of 1974 (the “Act”), that (1) requires such persons to disclose economic interests that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such persons from making or participating
in making decisions that will foreseeably financially affect such interests.
If the disclosure provisions of the Political Reform Act are applicable to any individual providing service under this
Agreement, Contractor shall, upon execution of this Agreement, provide the County with the names, description of
individual duties to be performed, and email addresses of all individuals, including but not limited to Contractor’s
employees, agents and subcontractors, who could be substantively involved in “mak[ing] a governmental decision”
or “serv[ing] in a staff capacity” and in that capacity participating in making governmental decisions or performing
duties that would be performed by an individual in a designated position, (2 CCR 18700.3), as part of Contractor’s
service to the County under this Agreement. Contractor shall immediately notify the County of the names and email
addresses of any additional individuals later assigned to provide such service to the County under this Agreement in
such a capacity. Contractor shall immediately notify the County of the names of individuals working in such a
capacity who, during the course of the Agreement, end their service to the County.
If the disclosure provisions of the Political Reform Act are applicable to any individual providing service under this
Agreement, Contractor shall ensure that all such individuals identified pursuant to this section understand that they
are subject to the Act and shall conform to all requirements of the Act and other applicable laws and regulations,
including but not limited to those listed in subpart (ii) of the first sentence of this Section VI.C including, as required,
filing of Statements of Economic Interests within 30 days of commencing service pursuant to this Agreement, annually
by April 1, and within 30 days of their termination of service pursuant to this Agreement.
D. GOVERNING LAW, VENUE
This Agreement has been executed and delivered in, and shall be construed and enforced in accordance with, the laws
of the State of California. Proper venue for legal action regarding this Agreement shall be in the County of Santa Clara.
E. ASSIGNMENT
No assignment of this Agreement or of the rights and obligations hereunder shall be valid without the prior written
consent of the other party.
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F. ASSIGNMENT OF CLAYTON ACT, CARTWRIGHT ACT CLAIMS
Contractor assigns to the County all rights, title, and interest in and to all causes of action it may have under Section 4
of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part
2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the
Contractor for sale to the County pursuant to this Agreement.
G. WAIVER
No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that
provision as to that or any other instance. Any waiver granted by a party shall be in writing and shall apply to the
specific instance expressly stated.
H. COMPLIANCE WITH ALL LAWS, INCLUDING NONDISCRIMINATION, EQUAL OPPORTUNITY, AND WAGE THEFT
PREVENTION
(1)Compliance with All Laws. Contractor shall comply with all applicable Federal, State, and local laws, regulations,
rules, and policies (collectively, “Laws”), including but not limited to the non-discrimination, equal opportunity,
and wage and hour Laws referenced in the paragraphs below.
(2)Compliance with Non-Discrimination and Equal Opportunity Laws: Contractor shall comply with all applicable
Laws concerning nondiscrimination and equal opportunity in employment and contracting, including but not
limited to the following: Santa Clara County’s policies for contractors on nondiscrimination and equal opportunity;
Title VII of the Civil Rights Act of 1964 as amended; Americans with Disabilities Act of 1990; the Age Discrimination
in Employment Act of 1967; the Rehabilitation Act of 1973 (Sections 503 and 504); the Equal Pay Act of 1963;
California Fair Employment and Housing Act (Gov. Code § 12900 et seq.); California Labor Code sections 1101,
1102, and 1197.5; and the Genetic Information Nondiscrimination Act of 2008. In addition to the foregoing,
Contractor shall not discriminate against any subcontractor, employee, or applicant for employment because of
age, race, color, national origin, ancestry, religion, sex, gender identity, gender expression, sexual orientation,
mental disability, physical disability, medical condition, political belief, organizational affiliation, or marital status
in the recruitment, selection for training (including but not limited to apprenticeship), hiring, employment,
assignment, promotion, layoff, rates of pay or other forms of compensation. Nor shall Contractor discriminate in
the provision of services provided under this contract because of age, race, color, national origin, ancestry, religion,
sex, gender identity, gender expression, sexual orientation, mental disability, physical disability, medical condition,
political beliefs, organizational affiliations, or marital status.
(3)Compliance with Wage and Hour Laws: Contractor shall comply with all applicable wage and hour Laws,
which may include but are not limited to, the Federal Fair Labor Standards Act, the California Labor Code, and,
if applicable, any local minimum wage, prevailing wage, or living wage Laws.
(4)Definitions: For purposes of this Subsection H, the following definitions shall apply. A “Final Judgment” shall mean
a judgment, decision, determination, or order (a) which is issued by a court of law, an investigatory government
agency authorized by law to enforce an applicable Law, an arbiter, or arbitration panel and (b) for which all
appeals have been exhausted or the time period to appeal has expired. For pay equity Laws, relevant investigatory
government agencies include the federal Equal Employment Opportunity Commission, the California Division of
Labor Standards Enforcement, and the California Department of Fair Employment and Housing. Violation of a pay
equity Law shall mean unlawful discrimination in compensation on the basis of an individual’s sex, gender, gender
identity, gender expression, sexual orientation, race, color, ethnicity, or national origin under Title VII of the Civil
Rights Act of 1964 as amended, the Equal Pay Act of 1963, California Fair Employment and Housing Act, or
California Labor Code section 1197.5, as applicable. For wage and hour Laws, relevant investigatory government
agencies include the federal Department of Labor, the California Division of Labor Standards Enforcement, and the
City of San Jose’s Office of Equality Assurance.
(5)Prior Judgments, Decisions or Orders against Contractor: By signing this Agreement, Contractor affirms that
it has disclosed any final judgments that (A) were issued in the five years prior to executing this Agreement
by a court, an investigatory government agency, arbiter, or arbitration panel and (B) found that Contractor
violated an applicable wage and hour law or pay equity law. Contractor further affirms that it has satisfied
and complied with – or has reached Agreement with the County regarding the manner in which it will
satisfy – any such final judgments.
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(6)Violations of Wage and Hour Laws or Pay Equity Laws During Term of Contract: If at any time during the term of
this Agreement, Contractor receives a Final Judgment rendered against it for violation of an applicable wage and
hour Law or pay equity Law, then Contractor shall promptly satisfy and comply with any such Final Judgment.
Contractor shall inform the Office of the County Executive-Office of Countywide Contracting Management (OCCM)
of any relevant Final Judgment against it within 30 days of the Final Judgment becoming final or of learning of the
Final Judgment, whichever is later. Contractor shall also provide any documentary evidence of compliance with
the Final Judgment within 5 days of satisfying the Final Judgment. Any notice required by this paragraph shall be
addressed to the Office of the County Executive-OCCM at 70 W. Hedding Street, East Wing, 11th Floor, San José,
CA 95110. Notice provisions in this paragraph are separate from any other notice provisions in this Agreement
and, accordingly, only notice provided to the Office of the County Executive-OCCM satisfies the notice
requirements in this paragraph.
(7)Access to Records Concerning Compliance with Pay Equity Laws: In addition to and notwithstanding any other
provision of this Agreement concerning access to Contractor’s records, Contractor shall permit the County and/or
its authorized representatives to audit and review records related to compliance with applicable pay equity Laws.
Upon the County’s request, Contractor shall provide the County with access to any and all facilities and records,
including but not limited to financial and employee records, that are related to the purpose of this Subsection H,
except where prohibited by federal or state laws, regulations or rules. County’s access to such records and
facilities shall be permitted at any time during Contractor’s normal business hours upon no less than 10 business
days’ advance notice.
(8)Pay Equity Notification: Contractor shall (1) at least once in the first year of this Agreement and annually
thereafter, provide each of its employees working in California and each person applying to Contractor for a job in
California (collectively, “Employees and Job Applicants”) with an electronic or paper copy of all applicable pay
equity Laws or (2) throughout the term of this Agreement, continuously post an electronic copy of all applicable
pay equity Laws in conspicuous places accessible to all of Contractor’s Employees and Job Applicants.
(9)Material Breach: Failure to comply with any part of this Subsection H shall constitute a material breach of this
Agreement. In the event of such a breach, the County may, in its discretion, exercise any or all remedies available
under this Agreement and at law. County may, among other things, take any or all of the following actions:
(i)Suspend or terminate any or all parts of this Agreement.
(ii)Withhold payment to Contractor until full satisfaction of a Final Judgment concerning violation of an
applicable wage and hour Law or pay equity Law.
(iii)Offer Contractor an opportunity to cure the breach.
(10)Subcontractors: Contractor shall impose all of the requirements set forth in this Subsection H on any
subcontractors permitted to perform work under this Agreement. This includes ensuring that any subcontractor
receiving a Final Judgment for violation of an applicable Law promptly satisfies and complies with such Final
Judgment.
I. TERMINATION
Standard Termination Language
The County may, by written notice to Contractor, terminate all or part of this Agreement at any time for the convenience
of the County. The notice shall specify the effective date and the scope of the termination. In the event of termination,
Contractor shall deliver to County all documents prepared pursuant to the Agreement, whether complete or incomplete.
Contractor may retain a copy for its records. Upon receipt of the documents, Contractor shall be compensated based on
the completion of services provided, as solely and reasonably determined by County.
-OR-
Alternate Termination Language Attached as Exhibit ______________, incorporated by this reference.
(Requires County Counsel Approval)
J. BUDGET CONTINGENCY
This Agreement is contingent upon the appropriation of sufficient funding by the County for the services covered
by this Agreement. If funding is reduced or deleted by the County for the services covered by this Agreement, the
County has the option to either terminate this Agreement with no liability occurring to the County or to offer an
amendment to this Agreement indicating the reduced amount.
Revision Date –
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K. COUNTY NO-SMOKING POLICY
Contractor and its employees, agents and subcontractors, shall comply with the County’s No-Smoking Policy, as set
forth in the Board of Supervisors Policy Manual section 3.47 (as amended from time to time), which prohibits
smoking: (1) at the Santa Clara Valley Medical Center Campus and all County-owned and operated health facilities,
(2) within 30 feet surrounding County-owned buildings and leased buildings where the County is the sole
occupant, and (3) in all County vehicles.
L. FOOD AND BEVERAGES STANDARDS
Except in the event of an emergency or medical necessity, the following nutritional standards shall apply to any
foods and/or beverages purchased by Contractor with County funds for County-sponsored meetings or events.
If food is to be provided, healthier food options shall be offered. “Healthier food options” include (1) fruits,
vegetables, whole grains, and low fat and low calorie foods; (2) minimally processed foods without added sugar and
with low sodium; (3) foods prepared using healthy cooking techniques; and (4) foods with less than 0.5 grams of
trans fat per serving. Whenever possible, Contractor shall (1) offer seasonal and local produce; (2) serve fruit instead
of sugary, high calorie desserts; (3) attempt to accommodate special, dietary and cultural needs; and (4) post
nutritional information and/or a list of ingredients for items served. If meals are to be provided, a vegetarian option
shall be provided, and the Contractor should consider providing a vegan option.
If pre-packaged snack foods are provided, the items shall contain: (1) no more than 35% of calories from fat, unless
the snack food items consist solely of nuts or seeds; (2) no more than 10% of calories from saturated fat; (3) zero
trans-fat; (4) no more than 35% of total weight from sugar and caloric sweeteners, except for fruits and vegetables
with no added sweeteners or fats; and (5) no more than 360 mg of sodium per serving.
If beverages are to be provided, beverages that meet the County’s nutritional criteria are (1) water with no caloric
sweeteners; (2) unsweetened coffee or tea, provided that sugar and sugar substitutes may be provided as
condiments; (3) unsweetened, unflavored, reduced fat (either nonfat or 1% low fat) dairy milk; (4) plant-derived
milk (e.g., soy milk, rice milk, and almond milk) with no more than 130 calories per 8 ounce serving; (5) 100% fruit
or vegetable juice (limited to a maximum of 8 ounces per container); and (6) other low-calorie beverages (including
tea and/or diet soda) that do not exceed 40 calories per 8 ounce serving. Sugar-sweetened beverages shall not be
provided.
M. CONTRACTING PRINCIPLES
All entities that contract with the County to provide services where the contract value is $100,000 or more per
budget unit per fiscal year and/or as otherwise directed by the Board, shall be fiscally responsible entities and shall
treat their employees fairly. To ensure compliance with these contracting principles, all contractors shall: (1) comply
with all applicable federal, state and local rules, regulations and laws; (2) maintain financial records, and make those
records available upon request; (3) provide to the County copies of any financial audits that have been completed
during the term of the contract; (4) upon the County’s request, provide the County reasonable access, through
representatives of the Contractor, to facilities, financial and employee records that are related to the purpose of the
contract, except where prohibited by federal or state laws,
regulations or rules.
N. CALIFORNIA PUBLIC RECORDS ACT
The County is a public agency subject to the disclosure requirements of the California Public Records Act (“CPRA”). If
Contractor’s proprietary information is contained in documents or information submitted to County, and Contractor
claims that such information falls within one or more CPRA exemptions, Contractor must clearly mark such information
“CONFIDENTIAL AND PROPRIETARY,” and identify the specific lines containing the information. In the event of a
request for such information, the County will make best efforts to provide notice to Contractor prior to such disclosure.
If Contractor contends that any documents are exempt from the CPRA and wishes to prevent disclosure, it is required
to obtain a protective order, injunctive relief or other appropriate remedy from a court of law in Santa Clara County
before the County is required to respond to the CPRA request. If Contractor fails to obtain such remedy within the time
the County is required to respond to the CPRA request, County may disclose the requested information.
Contractor further agrees that it shall defend, indemnify and hold County harmless against any claim, action or
litigation (including but not limited to all judgments, costs, fees, and attorney’s fees) that may result from denial by
County of a CPRA request for information arising from any representation, or any action (or inaction), by the
Contractor.
Revision Date –
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O. THIRD PARTY BENEFICIARIES
This agreement does not, and is not intended to, confer any rights or remedies upon any person or entity other than
the parties.
P. INTELLECTUAL PROPERTY RIGHTS
Ownership: County shall own all right, title and interest in and to the Deliverables. For purposes of this Agreement,
the term “Deliverables” shall mean any documentation and deliverables created by Contractor during the
performance of services that are identified in this Agreement. Contractor hereby assigns to the County all rights, title
and interest in and to any and all intellectual property whether or not patentable or registrable under patent,
copyright, trademark or similar statutes, made or conceived or reduced to practice or learned by Contractor, either
alone or jointly with others, during the period of Contractor’s agreement with the County or result from the use of
premises leased, owned or contracted for by the County.
Contractor acknowledges that all original works of authorship which are made by Contractor (either solely or jointly
with others) within the scope of this Agreement and which are protectable by copyright are “works made for hire,”
as that term is defined in the United States Copyright Act (17 U.S.C. Section 101), and shall belong solely to County.
Contractor agrees that the County will be the copyright owner in all copyrightable works of every kind and
description created or delivered by Contractor, either solely or jointly with others, in connection with any
agreement with the County.
Q. INTELLECTUAL PROPERTY INDEMNITY
Contractor represents and warrants for the benefit of the County and its users that, to its knowledge, as of the
effective date of this Agreement, Contractor is the exclusive owner of all rights, title and interest in the Deliverables
and/or services provided pursuant to this Agreement. Contractor shall defend, indemnify and hold the County
harmless against any claim, action or litigation (including but not limited to all judgments, costs, fees, and reasonable
attorney’s fees) by a third party alleging the Deliverables and/or services provided pursuant to this Agreement
infringe upon any intellectual property rights of third parties. This indemnity and duty to defend is in addition to
and does not supersede the requirements stated in VII of this agreement.
R. OWNERSHIP RIGHTS TO MATERIALS/RESTRICTIONS ON USE
All materials obtained, developed or prepared by Contractor in the course of performing services hereunder,
including but not limited to videotapes, audio recordings, still photographs, ads or brochures, and the derivative
works, patent, copyright, trademark, trade secret or other proprietary rights associated therewith (collectively
“Deliverables”), shall be the sole and exclusive property of the County. To the extent Contractor owns or claims
ownership rights to said Deliverables, Contractor hereby expressly assigns all said rights, title, and interest in and to
the Deliverables to the County pursuant to the terms and conditions of this Agreement and at no additional cost. The
County has the exclusive royalty-free irrevocable right to duplicate, publish or otherwise use for any purpose, all
materials prepared under this Agreement. If Contractor wishes to use the materials prepared hereunder for any
purpose including but not limited to promotional, educational or commercial purposes, the Contractor shall obtain
prior written authorization from the County, which consent may be withheld by the County in its sole discretion.
Contractor acknowledges that all original works of authorship which are made by Contractor (solely or jointly with
others) within the scope of this Agreement and which are protectable by copyright are “works made for hire,” as that
term is defined in the United States Copyright Act (17 U.S.C., Section 101), and shall belong solely to County.
Contractor agrees that the County will be the copyright owner in all copyrightable works of every kind and
description created or developed by Contractor, solely or jointly with others, in connection with any agreement with
the County. If requested to, and at no further expense to the County, Contractor will execute in writing any
acknowledgments or assignments of copyright ownership of such copyrightable works as may be appropriate for
preservation of the worldwide ownership in the County and its nominees of such copyrights. This section shall apply
to the extent not otherwise provided under this agreement.
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S. COUNTY DATA
(1)Definitions: “County Data” shall mean data and information received by Contractor from County. County Data
includes any information or data that is transported across a County network, or that resides in a County-owned
information system, or on a network or system under the control and management of a contractor for use by County.
“County Confidential Information” shall include all material, non-public information (including material, non-public
County Data) appearing in any form (including, without limitation, written, oral or displayed), that is disclosed,
directly or indirectly, through any means of communication by County, its agents or employees, to Contractor, its
agents or employees, or any of its affiliates or representatives.
(2)Contractor shall not acquire any ownership interest in County Data (including County Confidential Information).
As between Contractor and County, all County Confidential Information and/or County Data shall remain the property
of the County. Contractor shall not, without County’s written permission, use or disclose County Data (including
County Confidential Information) other than in the performance of its obligations under this Agreement.
(3)Contractor shall be responsible for establishing and maintaining an information security program that is designed
to ensure the security and confidentiality of County Data, protect against any anticipated threats or hazards to the
security or integrity of County Data, and protect against unauthorized access to or use of County Data that could result
in substantial harm or inconvenience to County or any end users. Upon termination or expiration of this Agreement,
Contractor shall seek and follow County’s direction regarding the proper disposition of County Data.
(4)Contractor shall take appropriate action to address any incident of unauthorized access to County Data, including
addressing and/or remedying the issue that resulted in such unauthorized access, and notifying County by phone or in
writing within 24 hours of any incident of unauthorized access to County Data, or any other breach in Contractor’s
security that materially affects County or end users. If the initial notification is by phone, Contractor shall provide a
written notice within 5 days of the incident. Contractor shall be responsible for ensuring compliance by its officers,
employees, agents, and subcontractors with the confidentiality, privacy, and information security requirements of this
Agreement. Should County Confidential Information and/or legally protected County Data be divulged to unauthorized
third parties, Contractor shall comply with all applicable federal and state laws and regulations, including but not
limited to California Civil Code sections 1798.29 and 1798.82 at Contractor’s sole expense. Contractor shall not charge
County for any expenses associated with Contractor’s compliance with these obligations.
(5)Contractor shall defend, indemnify and hold County harmless against any claim, liability, loss, injury or damage
arising out of, or in connection with, the unauthorized use, access, and/or disclosure of information by Contractor
and/or its agents, employees or sub-contractors, excepting only loss, injury or damage caused by the sole negligence
or willful misconduct of personnel employed by the County.
T. PAYMENT TERM [NOT APPLICABLE TO COMMUNITY BASED ORGANIZATIONS – Describe payment terms for CBO’s in Section V.
(D) PAYMENT SCHEDULE]
The County’s standard payment term shall be Net Thirty (30), unless otherwise agreed to by the parties. Payment shall
be due Net Thirty (30) days from the date of receipt and approval of correct and proper invoices. Payment is deemed to
have been made on the date the County mails the warrant or initiates the electronic funds transfer.
U. CONTRACT EXECUTION
Unless otherwise prohibited by law or County policy, the parties agree that an electronic copy of a signed contract,
or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink
signature. The term “electronic copy of a signed contract” refers to a transmission by facsimile, electronic mail, or
other electronic means of a copy of an original signed contract in a portable document format. The term
“electronically signed contract” means a contract that is executed by applying an electronic signature using
technology approved by the County.
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A. TYPE OF INSURANCE LANGUAGE
SECTION VII: INSURANCE/INDEMNIFICATION
Independent Contractors shall comply with the County’s insurance and indemnification requirements
as indicated below. These requirements do not apply to Dependent Contractors.
V. LIVINGWAGE (IFAPPLICABLE)
Unless otherwise exempted or prohibited by law or County policy, where applicable, Contractors that contract with
the County to provide Direct Services developed pursuant to a formal Request for Proposals process, as defined in
County of Santa Clara Ordinance Code Division B36 (“Division B36”) and Board Policy section 5.5.5.5 (“Living Wage
Policy”), and their subcontractors, where the contract value is $100,000 or more (“Direct Services Contract”), must
comply with Division B36 and the Living Wage Policy and compensate their employees in accordance with Division
B36 and the Living Wage Policy. Compliance and compensation for purposes of this provision includes, but is not
limited to, components relating to fair compensation, earned sick leave, paid jury duty, fair workweek, worker
retention, fair chance hiring, targeted hiring, local hiring, protection from retaliation, and labor peace. If Contractor
and/or a subcontractor violates this provision, the Board of Supervisors or its designee may, at its sole discretion,
take responsive actions including, but notlimited to, the following:
(a)Suspend, modify,orterminatetheDirectServicesContract.
(b)Require the Contractor and/orSubcontractorto comply with an appropriate remediationplan
developed bythe County.
(c)Waive all orpart of Division B36 or the Living WagePolicy.
This provision shall not be construed to limit an employee's rights to bring any legal action for violation of the
employee's rights under Division B36 or any other applicable law. Further, this provision does not confer any rights
upon any person or entity other than the Board of Supervisors or its designee to bring any action seeking the
cancellation or suspension of a County contract. By entering into this contract, Contractor certifies that it is
currently complying with Division B36 and the Living Wage Policy with respect to applicable contracts and
warrantsthat it will continue to comply with Division B36and the Living Wage Policy with respect to applicable
contracts.
Thefollowing standardinsurance and indemnification language is attached andincorporated into this
agreement:
Insurance Exhibit Name:
Modification orWaiverAttached(ifappropriate)
A
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B. DETERMINATION OF INSURANCE REQUIREMENTS AND WAIVER DECLARATION
Workers Compensation:Does the contractor have employees?
If “YES”, then, WORKER’S COMPENSATION/EMPLOYER'S LIABILITY INSURANCE IS REQUIRED.
Owned Auto Insurance:
Will the contractor use any owned autos in the provision of direct services, such as transporting
clients in autos or operating autos in performance of the work itself?
If “YES”, then INSURANCE FOR OWNED AUTOS IS REQUIRED.
Hired Auto Insurance:
Will the contractor use any hired autos in the provision of direct services, such as transporting
clients in autos or operating autos in performance of the work itself?
If “YES”, then INSURANCE FOR HIRED AUTOS IS REQUIRED.
Non-owned Auto Insurance
Will the contractor be using any non-owned autos in the provision of direct services, such as
transporting clients in non-owned autos or operating non-owned autos in performance of the
work itself?
If “YES” then, INSURANCE FOR NON-OWNED AUTOS IS REQUIRED.
When “NO” is checked, this declaration will serve as a waiver for the specified type of insurance.
SECTION VIII: FEDERAL/STATE REQUIRED PROVISIONS
(Examples include Drug-free Workplace Activity, Health Insurance Portability and Accountability Act (HIPAA),
Business Associate Language, etc.)
A. Federal Required Language Attached
Only add special language if services included in the contract require language different from or in addition
to that in Section VI.
Exhibit Name:
B. State Required Language Attached
Only add special language if services included in the contract require language different from or in addition
to that in Section VI.
Exhibit Name:
The Exhibits named above are attached and incorporated by this reference.
SECTION IX: ADDITIONAL ATTACHED EXHIBIT(S)
Attachments and exhibits that conflict with County standard provisions or require risk assessment must be approved by
County Counsel. Examples of attachments that require County Counsel approval are:
1) Contractor’s terms and conditions that are different than, or add to the standard provisions’ language,
2) Any changes to the language in Section VI—Standard Provisions.
Exceptions to County Counsel review include attachments that further explain the Contract Specifics as outlined in Section
V, and insurance exhibits.
Exhibit Name (s)
The Exhibits named above are attached and incorporated by this reference.
Revision Date –
Yes
No
No
No
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Attachment A
Contract Specifics, Section V
City of Gilroy, SCYTF (NSU) – FY23
1
Section V: Contract Specifics
A. Service Description and Expected Outcome (Scope of Service)
This Agreement is between the County of Santa Clara (“County”) and the City of Gilroy
(“Contractor”) (together, the “Parties” and each a “Party”). Contractor agrees to establish a
partnership between the Probation Department (“Probation”) Neighborhood Safety/Services
Unit (NSU) and the South County Youth Task Force (SCYTF), to support the youth and
families who reside in East Gilroy. This Agreement establishes a commitment on behalf of
both the County and Contractor to work collaboratively to increase community safety, to
build community capacity and leadership amongst residents, to increase economic
development opportunities in the community, and to foster a sense of community cohesion
by providing additional pro-social opportunities for East Gilroy residents. The purpose of this
Agreement is to explore, mobilize, engage, and build capacity of neighborhood leadership
groups.
Contractor’s responsibilities shall include the following:
1. Support the core group of Gilroy resident advisory leaders who are integrated into the
advisory structure of the South County Youth Task Force through the SCYTF Technical
Team and subcommittee participation. Contractor shall ensure these resident advisors are
provided the opportunity to participate in SCYTF meetings, advise on ways to improve
programming, and assist in resident outreach for SCYTF sponsored events.
2. Support the resident leadership group in East Gilroy. This resident leadership group shall
work towards identifying, prioritizing, and implementing at least two community action
projects per year, within the term of this Agreement. In an effort to avoid duplication of
efforts, the community-based organization(s) and Contractor may choose to partner with
other collaborative community initiatives, such as the Public Health Department’s “Safe
and Peaceful San Ysidro Park” initiative.
3. Support efforts to prevent violence in communities and on school campuses where East
Gilroy youth attend or recreate, such as the planning and implementation of restorative
practices and restorative justice activities, leadership development, and promotor-based
initiatives.
4. Support the implementation of the FIRST5 Community-Based Family Resource Center
(FRC) at the San Ysidro Community Center, in collaboration with the San Ysidro Nueva
Vida Resident group.
5. Support the NSU Community Champion Celebration.
6. Provide pro-social opportunities for youth and families who reside in East Gilroy (see
Table 1 – Pro-Social Activities - FY2023 Deliverables).
a. All programming for pro-social activities and/or opportunities must be developed
collaboratively through the work of the San Ysidro residents and in collaboration with
members of the South County Youth Task Force Technical Team.
7.3.c
Packet Pg. 354 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)
Attachment A
Contract Specifics, Section V
City of Gilroy, SCYTF (NSU) – FY23
2
b. Contractor may provide incentives for clients to successfully participate in
programming.
7. Attend and participate in the NSU Advisory Committee meetings and annual retreats.
8. Collaborate with the County to implement a series of resident leadership workshops.
9. Support leadership and economic development activities.
10. Coordinate any food or beverages provided at community events and classes, if
necessary, funded through this Agreement.
11. Assist the County in the collection of resident-level data, including the implementation of
surveys and evaluation instruments and/or questionnaires to measure community
cohesion, perception of safety, and satisfaction with community events/gatherings.
12. Administer NSU Pre- and Post-workshop surveys and track unduplicated residents
engaged in pro-social services.
B. Deliverables, Milestones, and Timeline for Performance
1. Contractor will maintain a written and electronic individualized file on each client,
document client’s progress within assigned service/program and notify Probation Staff of
client’s progress and/or problems encountered within assigned service/program,
including by having clients complete Attachment B, “NSU Enrollment Form.”
2. Contractor must work with the County’s evaluation staff and consultants to collect data
as required by the County:
a. Assist in supporting and implementing the goals of the County, including the
outcome measures, as determined by the County’s evaluation consultants.
3. Contractor must provide County with a Quarterly Narrative Report which details the
status of the contract components using a template provided by the County, Attachment
C, “Quarterly Narrative Report.” Once the Quarterly Narrative Report format is approved
by the County, Contractor must submit it quarterly to the County, for contents approval in
accordance with the following schedule:
Quarter Report Period Due Date
1 July 1- September 30 October 15
2 October 1 – December 31 January 15
3 January 1-March 31 April 15
4 April 1 – June 30 July 1
4. Contractor must submit a Monthly Invoice and Expenditure and Performance Report
(Attachment D, “Monthly Invoice and Expenditure and Performance Report”) to the
7.3.c
Packet Pg. 355 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)
Attachment A
Contract Specifics, Section V
City of Gilroy, SCYTF (NSU) – FY23
3
County by the 15th calendar day of each month, with the exception of the June invoice
which must be submitted by July 1st.
5. Contractor must provide County with a Monthly Activity Report (Attachment E,
“Monthly Activity Report”), as provided by NSU, to ensure deliverables are on track.
a. The Activity Report must be submitted with the monthly Invoice and Expenditure and
Performance Report by the by the 15th calendar day of each month, with the
exception of the June report which must be submitted by July 1st for invoice
processing.
6. The monthly invoices, performance reports, activity reports, client surveys/lists and the
Quarterly Narrative Reports must be submitted by email to the following addresses:
Charmayne.Moran@pro.sccgov.org, Ashley.Eng-Marsh@pro.sccgov.org,
ProAccountsPayable@pro.sccgov.org, Pro.Rad@pro.sccgov.org, and
Alexis.Bueno@pro.sccgov.org.
7. Upon the County’s determination that the Contractor cannot perform services outlined in
this Agreement in person due to unique/unanticipated circumstances (e.g., natural disaster
or pandemic), the County may request in writing that the Contractor provide services
remotely, including through means such as teleconferencing and videoconferencing that
are secure and approved by the County.
a. If services are to be furnished remotely, the County shall preapprove in writing any
teleconferencing or videoconferencing platform before the Contractor begins
providing remote services.
8. Deliverables and milestones are subject to change, as mutually agreed upon by
Contractor and County. The deliverables and milestones related to scope of service items
are as follows:
Table 1 – Pro-Social Activities - FY2023 Deliverables
#Deliverable Description Support
Documentation
Required for
Reimbursement
Anticipated
Completion
Date
Frequency
1a Maintain a
resident
advisory group
focused in East
Gilroy.
The purpose of the resident advisory
group is to participate in SCYTF
Technical Team meetings, advise on
ways to improve programming,
assist in resident outreach for
SCYTF sponsored events, and
continue the foundational work of
the Safe and Peaceful San Ysidro
initiative, developed by the Public
Health Department. The
resident advisory group shall
maintain a definition of
Resident
advisory group
meeting sign in
sheets.
Ongoing
Monthly
7.3.c
Packet Pg. 356 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)
Attachment A
Contract Specifics, Section V
City of Gilroy, SCYTF (NSU) – FY23
4
membership, their vision, mission,
and goals.
1b Submit an
Annual
Community
Action Plan
Contractor shall assist the East
Gilroy resident leadership group in
establishing a Community Action
Plan. Specific goals and objectives
that are identified by East Gilroy
resident leaders, defined in this
action plan, shall be funded through
this Agreement. Contractor shall
ensure this action plan is in
alignment with the resident
leadership group established in East
Gilroy. NSU will provide SCYTF
with the Community Action Plan
template.
Community
Action Plan
October
2022
Annual
2a Maintain the
SCYTF East
Gilroy
Subcommittee,
which also
serves as the
NSU
Implementation
Team. This
subcommittee/
team shall meet
bi-monthly/a
minimum of six
times
throughout the
year.
The East Gilroy SCYTF
subcommittee/NSU Implementation
Team should consist of NSU staff,
SCYTF partners (at least 2 CBOs), 1
City of Gilroy staff, and 1 East
Gilroy resident.
Agenda,
meeting notes,
sign in sheet
Last
meeting to
be held by
June 2023
Bi-
Monthly
2b Develop and
submit the
SCYTF East
Gilroy
Technical Team
subcommittee/
NSU
Implementation
Team
Charter/Work
Plan
The purpose of this subcommittee
Charter/ Work Plan is to align the
work of the subcommittee members
with the community action goals of
the resident leadership group
established in East Gilroy.
East Gilroy
SCYTF
Technical Team
subcommittee/
NSU
Implementation
Team
Charter/Action
Plan
October
2022
(initial
Charter/
Work Plan)
Annual
7.3.c
Packet Pg. 357 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)
Attachment A
Contract Specifics, Section V
City of Gilroy, SCYTF (NSU) – FY23
5
2c Support
FIRST5 FRC
Support the development,
implementation, and maintenance of
a County-funded FIRST5 FRC at the
San Ysidro Community Center.
FIRST5
workplan,
collaborative
calendar
Ongoing Monthly
3a Provide pro-
social and/or
group classes
related to
educational,
health and
wellness, safety
and gang
prevention
related classes/
workshops/
presentations to
East Gilroy
residents
Group classes, workshops, and
presentations shall be located in East
Gilroy/San Ysidro Comm. Center.
A Gilroy resident shall be given
priority (over non-Gilroy resident,
private businesses) to teach a health
and/or educational class or
workshop. Incentives for residents to
teach workshops are allowable.
Resident led workshops or pro-
social activities should be planned
for and included in a monthly
calendar and distributed widely to
residents of East Gilroy. All
classes/workshops should be age
appropriate and designed to be open
to and benefit any resident who lives
in the East Gilroy Community. If
“Resident Leaders” are not available
to teach a particular class,
Contractor shall have the discretion
to subcontract with non-residents
teachers with written agreement
from the County.
Service Delivery Goal: 540
Unduplicated Participants p/year
Monthly Group
Classes
Enrollment sign
in sheets, and
Cost Summary
Report
Ongoing
Monthly
3b Support
individual pro-
social activities
for at-risk youth
identified by the
NSU Probation
Community
Worker
Collaborate with the NSU Probation
Community Worker (PCW) in
identifying and enrolling at-risk
youth attending schools serving East
Gilroy residents, in pro-social
activities. Priority will be given to
youth identified in Multi-System-
Meetings (MSTs) or related school
disciplinary meetings serving
Positive Behavior Intervention &
Supports (PBIS) tier 2 and tier 3
youth.
Pro-social activities for at-risk youth
shall be determined on an individual
NSU
Enrollment
Form
(Attachment B)
By June
2023
Monthly
7.3.c
Packet Pg. 358 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)
Attachment A
Contract Specifics, Section V
City of Gilroy, SCYTF (NSU) – FY23
6
basis, based on the needs and
interests of the youth participant.
Service Delivery Goal: 20
Unduplicated Youth
4a Provide a
Monthly
Community
Calendar
Develop and Submit Monthly
Community Event/Classes Calendar
by the 15th day of each month for the
upcoming month.
Community
Calendar
By May
2023
Monthly
4b Coordinate
monthly
Cafecito
community
meeting with a
core group of
resident leaders
(youth and/or
adults) of East
Gilroy
Contractor shall coordinate at least
one monthly Cafecito community
meeting with a core group of
resident leaders (youth and/or
adults) of East Gilroy.
Agenda,
meeting notes,
sign in sheet
By June
2023
Monthly
4c Participate in
the Joint Use
Agreement
Leadership
Team between
County and
City of Gilroy
for use of the
San Ysidro
Community
Center
Participate as a member of the Joint
Use Agreement Leadership Team
between the County and the City of
Gilroy to ensure access to the San
Ysidro Community Center should
funding be made available for a
FIRST5 FRC.
Joint
Use/Facility
Use Agreement
TBD
4d Restorative
Justice,
Leadership
Development
and/or
Promotora-
Based
initiatives
Support the training and
implementation of restorative
justice/restorative practices in
schools and other settings that
support East Gilroy residents by
maintaining a network of
Restorative Justice Practitioners.
Support the implementation of a
leadership development and/or
Promotora initiative that aims to
increase resident’s leadership
capacity and economic development
opportunities in East Gilroy.
Comprehensive
Restorative
Justice Practices
Program
Proposal and/or
Leadership
Development/
Promotor
Initiative
Proposal
October
2022
Quarterly
4e Increase food
security
Partner with Second Harvest Food
Bank to implement monthly food
Partnership
Agreement,
Ongoing Monthly
7.3.c
Packet Pg. 359 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)
Attachment A
Contract Specifics, Section V
City of Gilroy, SCYTF (NSU) – FY23
7
distribution program at San Ysidro
Park, assist the San Ysidro Nueva
Vida in developing partnership
agreement, logistic coordination,
and day of distribution activities.
Food
Distribution
Report of
Monthly
Activity Report
4f Support
resident-led
emergency
response efforts
Support resident leaders with
emergency response efforts
including, but not limited to,
COVID-19 response testing and
vaccines; diaper and formula
distributions; and emergency supply
distributions.
Flyers,
Emergency
Response
Report tab of
Monthly
Activity Report
Ongoing Monthly
4g Support
National Night
Out and Other
Community-
wide Events
Provide support and logistic
planning for community-wide events
that include, but are not limited to,
National Night Out and Party in the
Park.
Event Plan Varies Varies
4h Support NSU
Community
Champion
Award
Ceremony
and/or Annual
Community
Leaders Retreat
The Community Champion
ceremony or leadership retreat will
be hosted every other year.
NSU
Community
Champion
Celebration
Community
Champion
Celebration
Plan:
FY2023
The NSU
Communit
y
Champion
Celebratio
n will be
held in
FY2023
C. Performance Standards
1. Performance Metrics
a. The Contractor shall report on the following performance metrics on a quarterly
basis:
Performance Monthly
Target
Annual
Target
(a) # of UNDUPLICATED ADULT Residents Enrolled into Pro-
Social Activities
25 300
(a1) # of UNDUPLICATED YOUTH Residents Enrolled into Pro-
Social Activities
15 180
(a2) # of DUPLICATED Youth and Adult Residents Enrolled into
Pro-Social Activities
75 900
(a3) # of DUPLICATED Individuals attending Monthly San Ysidro
Nueva Vida Cafecito Meetings
10 130
(a4) # of San Ysidro Nueva Vida Cafecito Meetings 1 11
(b) # of DUPLICATE attendees at San Ysidro Events (50+ people) 265 2,000
(b1) # of Community Events/Gatherings (50+ people)3 13
(c) # of S.P.A.R.K. Youth Participants (Unduplicated) 5 20
(d) # of Certified Promotores 4 13
(e) # of Families/Households served through Food Distributions 250 3,000
(f) # of Individuals served through Emergency Response Efforts 30 360
7.3.c
Packet Pg. 360 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)
Attachment A
Contract Specifics, Section V
City of Gilroy, SCYTF (NSU) – FY23
8
2. Cultural Competency: Cultural Diversity and Inclusion
Services must be provided in a culturally responsible manner to the entire target
population, demonstrating fair and equitable practices for participants of diverse
identities including gender, age, religion, race, ethnicity, sexual orientation, gender
identity, and disability.
It is the policy of Probation to maintain and promote an organization that provides
highest quality of services to clients regardless of actual or perceived sexual orientation,
gender identity, or gender expression.
Lesbian, Gay, Bisexual and Transgender (LGBT) clients under the supervision of
Probation shall receive fair and equitable treatment, without fear of negative bias or
discrimination and in a professional and confidential manner based on principles of sound
professional practice.
3. Contractor agrees to provide language/translation services for clients and/or their families
who may have Limited English Proficiency (LEP) skills. Contractor must take reasonable
steps to ensure that LEP individuals have “meaningful access” to their activities and
program activities. An agency provides meaningful access to its programs when the
language assistance provided is accurate, timely, and effective and is at no cost to the
LEP individual. Each agency’s approach to overcoming language barriers will differ
based on the population they serve, the type of service they provide and the resources
they have access to. Contractor further agrees to inform LEP individuals of their
eligibility for benefits, programs, and services in a language they understand. Contractor
agrees to assess all points of contact, telephone, in-person, mail, and electronic
communication its staff has with Probation’s LEP clients to determine the best method of
providing notice of language assistance services. Contractor must not only translate
outreach materials, but must also explain how LEP individuals may access available
language assistance services. Methods Contractor can use to inform LEP individuals
about language assistance services may include translating outreach materials into other
languages, updating non-English content in key languages on the main page of its
program's website, and providing public service messages in non-English media
describing its programs. Additional methods of providing notice include the use of
forms, brochures, and/or language access posters placed in conspicuous locations
describing in multiple languages the availability of language assistance services, the use
of “I Speak” language identification cards, and by including instructions in non-English
languages on telephone menus. A sample of the “I Speak” card is available at the
following website and Contractor may create their own version:
http://www.justice.gov/crt/lep/resources/OhioLangIDcard.pdf. Contractor must consider
using the following assessment to understand and plan for language access service needs:
https://www.lep.gov/resources/2011_Language_Access_Assessment_and_Planning_Tool
.pdf.
4. Contractor must work with the County’s Evaluation staff and consultants to collect data
as required by the County. Data collection and outcome measures may be substituted or
added based on approval by the Program Manager and County’s Evaluation staff, as
7.3.c
Packet Pg. 361 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)
Attachment A
Contract Specifics, Section V
City of Gilroy, SCYTF (NSU) – FY23
9
appropriate. Contractor must assist in supporting and implementing the goals of the
County and State including the outcome measures, as determined by the County’s
evaluation staff. County will evaluate and document Contractor’s performance in
accordance with County policy. Contractor evaluation may consist of, but not be limited
to, the following evaluation forms:
a. Client service list;
b. Outcome measures;
c. Contractor Performance Evaluation report;
d. On-site observation; and/or
e. Self and/or client-evaluations.
5. Contractor shall perform the agreed-upon services in a competent and expedient manner
and must immediately inform the County should problems arise that prohibit Contractor
from performing the services in such a manner.
6. Contractor shall maintain written documentation, project information, and records
relevant to the services provided and must make this information available for review by
the County within three business days of any County request to review.
7. Contractor must report all major and/or media-sensitive incidents to the Probation
contract monitor. Major or sensitive incidents include but are not limited to: serious
injury or death related to the services provided under the contract; serious injury or death
of any person in the Contractor’s care; serious injury or death of any person on property
owned, leased, or operated by the Contractor, including but not limited to facilities, parks,
sidewalks, roads, and parks; serious damage to the property of another related to the
services provided by the Contractor under this Agreement; criminal conduct involving
Contractor personnel; any event that has a significant possibility of resulting in a claim or
lawsuit against the County; any event that has a significant possibility of resulting in a
claim or lawsuit against the Contractor that is related to this Agreement; and any event
that has a possibility of receiving public or media attention.
The Contractor shall report any such incidents as soon as possible but no later than
twenty-four (24) hours from when the incident occurred. The Contractor must include the
following information in all incident reports: name and contact information of the
submitting individual; name and email address of the best contact for immediate access to
a Contractor staff member who can answer questions regarding the incident; an indication
of whether press coverage is likely; an incident description including date, time, and
location of the incident; the names and job titles of Contractor personnel involved in the
incident; and a description of any action taken in response to the incident.
8. Program Improvement Plan
If the County identifies deficiencies in Section B, “Deliverables, Milestones and Timeline
for Performance” and/or Section C, “Performance Standards,” the Contractor must
complete a program improvement plan (PIP) in which the Parties will identify program
improvement goals and specify deadlines by which the Contractor will meet the program
improvement goals. The County and Contractor will jointly complete the PIP. The
7.3.c
Packet Pg. 362 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)
Attachment A
Contract Specifics, Section V
City of Gilroy, SCYTF (NSU) – FY23
10
Contractor must submit the jointly developed PIP for County approval within 30 days. If
the Contractor does not meet the agreed-upon goals within 60 days following the date the
PIP is accepted by the County or the Contractor fails to submit a PIP that is approved by
the County within 30 days of the initial request, the County may elect to terminate or
amend this Agreement. Attachment F is a sample PIP that is incorporated herein by
reference.
D. Payment Schedule
1. The compensation paid to Contractor under this Agreement must not exceed $172,550 in
Fiscal Year (FY) 2023.
2. Probation shall not pay for any airfare, mileage expenses, lodging and meal expenses
borne by Contractor.
3. Fringe Benefits – Total fringe benefits under this Agreement must not exceed 10%.
4. Contractor will be compensated for services rendered and/or expenses incurred in
accordance with Attachment G, “Budget and Rates of Pay,” hereto attached and
incorporated by this reference.
a. Budget Modification Process (if applicable): County and Contractor may reallocate
money between line items of the approved budget noted in Attachment G, “Budget
and Rates of Pay,” to reflect the service delivery needs of Probation. The budget may
be adjusted if Contractor submits a written budget modification request to the County,
and the County approves of the request in writing. To be approved, a budget
adjustment cannot exceed the maximum financial obligation (MFO) of this
Agreement. Requests to modify the approved budget line items must be submitted
and approved through the Probation budget modification process before Contractor
can move forward with implementing any budget adjustments.
b. Any other modifications to the approved budget, including, but not limited to,
adjustments to the MFO of this Agreement, pricing, rates, fees, and number of service
units, will requires a formal Amendment to the Agreement.
5. Contractor will submit invoices on a quarterly basis. Invoices will include the
Contractor’s name and address; invoice number; contract number; date and description of
services; total invoice amount; year-to-date expenditures and remaining contract balance
(refer to Attachment H, “Quarterly Invoice”).
a. The invoice covering services rendered in the final period of service in each
applicable FY this Agreement is in effect (fourth quarter or the month of June, as
appropriate) (“final invoice”) shall be submitted no later than July 1st (or next
business day when July 1st falls outside of normal County business hours).
b. Contractor is unable to submit its final invoice with actual costs to Probation by July
1st, then Contractor must submit an invoice estimate covering estimated expenses for
services rendered in the final period of service by July 1st. The amount of the invoice
estimate for the final period must not exceed the remaining contract balance of the
FY. Upon submitting a final invoice estimate, Contractor will still be required to
7.3.c
Packet Pg. 363 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)
Attachment A
Contract Specifics, Section V
City of Gilroy, SCYTF (NSU) – FY23
11
submit the final invoice with actual costs to Probation by no later than July 15th of
each FY.
3. If the invoice and supporting documents are in proper form, appropriately payable under
this Agreement, and have been reviewed and approved by the appropriate Probation
Manager/Program Monitor, County shall make payment to Contractor in accordance with
“Section VI: Standard Provisions,” Item T, “Payment Term,” of this Agreement.
a. Payment is contingent upon Contractor providing the agreed-upon services according
to the scope of services, contract requirements, deliverables and performance
standards detailed herein.
b. County will reimburse Contractor for its actual, reasonable, necessary, and allowable
costs incurred up to the maximum amount of compensation under this Agreement, for
the performance of services as specified in this Agreement during the term of the
Agreement.
c. Prior to submittal, cost-reimbursement claims must be certified and signed by a
responsible officer of Contractor with authority to certify that the information
submitted by Contractor is accurate and Contractor is entitled to payment under the
terms of the Agreement. County may rely on said certification in making payment,
but this payment will not constitute a waiver of any of County’s legal rights or
objections.
d. County will not be required to make payment if the amount claimed is not in
accordance with this Agreement. All payments under this Agreement will be made
directly to Contractor as a corporate entity. Under no circumstances will County be
required to make payments in any amount pursuant to this Agreement to any other
parties, including individual employees or creditors of Contractor.
e. County is not obligated to reimburse Contractor for any expenditure not reported to
County within 60 calendar days after the end of the last month of the Agreement
term.
4. If Contractor provides any tasks, deliverable, goods, services, or other work, other than
as specified in this Agreement, the same will be deemed to be a gratuitous effort on the
part of the Contractor, and the Contractor will have no claim whatsoever against
County.
E. Other County Provisions
1. Background Clearance – Live Scan
a. Prior to beginning services, all Contractor personnel involved in providing services to
Probation clients under this Agreement must obtain, at Contractor’s pr their own
expense, a Department of Justice (DOJ) and a Federal Bureau of Investigation (FBI)
background clearance (Live Scan). When Contractor personnel submits to the Live
Scan procedure, Probation receives an initial report of arrests or convictions from the
DOJ and FBI and ongoing reports from the DOJ and FBI of any subsequent arrests or
convictions. If Probation determines the results of the background clearance are
unfavorable at any time during the term of this Agreement, the County will notify
Contractor of the unfavorable determination and require Contractor to arrange for
replacement personnel. For any Contractor staff member who will have unescorted
7.3.c
Packet Pg. 364 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)
Attachment A
Contract Specifics, Section V
City of Gilroy, SCYTF (NSU) – FY23
12
access to a Probation facility in which criminal justice data is stored such as
Probation’s Juvenile Hall, William F. James Ranch, Juvenile Probation Department,
or Adult Probation, Probation will additionally require a signed California Law
Enforcement Telecommunications System (“CLETS”) Private Contractor
Management Control Agreement and Employee/Volunteer statement form and
CLETS training. Probation may require an enhanced background check. Any staff
member who has a felony in their criminal history will not be permitted to access a
Probation facility in which criminal justice data is stored without being escorted by
Probation staff, and the County may require replacement personnel who can be
permitted access without an escort. If the Contractor cannot provide replacement
personnel within 15 working days of the County’s exercise of its right, the County
shall have the right to terminate or amend the Agreement. Contractor will need to
complete the following steps to obtain a background clearance:
i. Contact the County Live Scan liaison at (408) 435-2064 or at
PRO-LiveScan@pro.sccgov.org to obtain a background clearance application.
ii. Contact the County of Santa Clara Office of the Sheriff to make a Live Scan
appointment. The Office of the Sheriff can be contacted by phone: (800) 211-
2220 or via their website: http://www.sccgov.org/portal/site/sheriff.
iii. County will contact Contractor once the results of the background clearance
have been received.
ix. Contractor is required to notify the County Live Scan liaison when the
employment or licensing relationship of any individual whose name was
submitted for Live Scan background clearance has concluded.
b. Contractor must provide the assigned Probation Contract Analyst with a list of
employees who will be performing services under this contract and include the
following information by July 31st of each new FY:
i. Employee’s name;
ii. The employee’s position/title and role within the program; and
The Probation program/service and contract purchase order number that the
employee is working under.
2. Zero Tolerance Policy (ZTP) for sexual misconduct
Contractor shall comply with Probation’s ZTP relating to preventing, detecting,
monitoring, investigating, and eradicating sexual abuse, sexual assault, rape of residents,
or sexual misconduct toward any residents housed in any of its facilities or contracted
venues. Sexual abuse and sexual harassment are prohibited by state and federal law.
7.3.c
Packet Pg. 365 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)
Neighborhood Safety/Services Unit
Juvenile Probation Department
Neighborhood Services Unit (NSU)
840 Guadalupe Parkway
San Jose, CA 95110
Charmayne Moran, Program Manager II
Email: Charmayne.Moran@pro.sccgov.org
Phone: (408) 278-6227
NSU Enrollment Form for Services
Program Information (To Be Completed by Staff):
23. Type of Program:Community Based School Based
24. If School based, Name of School:_________________26. Activity Type:Leadership Academic Arts Sports
Other: _____________________________________________
25. Date of enrollment: ____________________________27. Estimated Number of Activity Hours: ____________________
Information About Person Completing This Form:
28. Name: _____________________________________31. Title: _____________________________________________
29. Phone: _____________________________________32. Email: ____________________________________________
30. Signature: ___________________________________33.: ______________________________________
Client/Parent Information (All Fields Are Required):
This information will be kept strictly confidential. That means that no one outside the program and the organizations that sponsor it will
know how you answer these questions. Your contact information will be used to give you updates about our services and in emer gencies
only. All other information helps us determine how to better provide services.
To Be Completed by or on behalf of Youth To be Completed by or on behalf of Parent/Guardian
1. Full Name (of client enrolling in activities):
Last Name, First Name
10. Full Name of Parent/Guardian:
Last Name, First Name
2. Zip Code:
____________________________
11. Primary Language: __________________
12. Single Parent Household?Yes No
3. Phone:____________ Can we text you?13. Highest Level of Education Achieved:
High School Some College
Graduated College N/A/Decline to State
4. Date of Birth (MM/DD/YYYY):____/____/______14. Employment Status:Full-Time Part-Time
Student Other Decline to State
5. Gender:Male Female Other
Decline to State
15. Do you belong to a resident/neighborhood
group?Yes No
16. If not, interested in becoming involved?
Yes No
6. Primary Language:___________________17. Do you have access to reliable transportation?
Yes No
18. Are you interested in Carpooling?Yes No
7. Race/Ethnicity:Asian
Black/African American Latino/Latina
Native American Pacific Islander White
Other: _______________ Decline to State
19. What kind of health insurance do you have?
Public (MediCal/MediCaid)Private
Decline to State
20. How many people live in your
house?_____________
8. School:_____________________________21. What is your Annual Household Income?
9. Grade (or last grade completed):________
0-$14,999
$15,000-$34,999
$35,000-$49,999
$50,000-$74,999
$75,000-$99,999
$100,000+
Decline to State
22. Parent/Guardian Signature:
_________________________________________
Attachment B
NSU Enrollment Form
City of Gilroy, SCYTF (NSU) - FY23
7.3.c
Packet Pg. 366 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)
Unidad de Servicios/Seguridad del Barrio
Departamento de Libertad Condicional
de Menores
Unidad de Servicios del Barrio (NSU)
840 Guadalupe Parkway
San Jose, CA 95110
Charmayne Moran, Administrador del Programa II
Correo electrónico:
Charmayne.Moran@pro.sccgov.org
Teléfono: (408) 278-6227
Formulario de inscripción de NSU para servicios
Información del programa (a ser completado por el personal):
23. Tipo de programa:Basado en la comunidad Basado en la escuela
24. Si es basado en la escuela, nombre de la
escuela:_________________
26. Tipo de actividad: Liderazgo Académica Artes
Deportes Otro: ______________________________________
25. Fecha de inscripción: _________________________27. Cantidad estimada de horas de la actividad: ________________
Información sobre la persona que completa este formulario:
28. Nombre: ___________________________________31. Cargo: ___________________________________________
29. Teléfono: ___________________________________32. Correo electrónico: __________________________________
30. Firma: ___________________________________33. Fecha de hoy: ______________________________________
Información del cliente/padre (se deben completar todos los campos):
Esta información se mantendrá estrictamente confidencial. Esto significa que nadie fuera del programa y de las organizaciones que lo
patrocinan sabrá cómo respondió a estas preguntas. Su información de contacto se utilizará para informarlo sobre novedades en
nuestros servicios y en casos de emergencia únicamente. Toda la demás información nos ayuda a determinar cómo brindar mejor los
servicios.
A ser completado por el menor o en su nombre A ser completado por el padre/madre/tutor o en su
nombre
1. Nombre completo (del cliente que se
inscribe en las actividades):
Apellido, Nombre
10. Nombre completo del padre/madre/tutor:
Apellido, Nombre
2. Código postal:
____________________________
11. Idioma principal: __________________
12. ¿Hogar de padre soltero o madre soltera?Sí No
3. Teléfono:____________ ¿Podemos
enviarle mensajes de texto?
13. Nivel más elevado de educación logrado:
Escuela secundaria Estudios universitarios incompletos
Graduado de la universidad N/A/Se niega a responder
4. Fecha de nacimiento (MM/DD/AAAA):__/__/___14. Condición laboral:Tiempo completo Medio tiempo
Estudiante Otro Se niega a responder
5. Género:Masculino Femenino Otro
Se niega a responder
15. ¿Pertenece a un grupo de residentes/barrios?
Sí No
16. Si la respuesta es no, ¿está interesado en
comenzar a participar?Sí No
6. Idioma principal:___________________17. ¿Tiene acceso a transporte confiable?Sí No
18. ¿Está interesado en compartir vehículo?Sí No
7. Raza/etnia:Asiática
Negra/afroamericana Latina Nativo de
Estados Unidos Isleño del Pacífico Blanca
Otra: ____________Se niega a responder
19. ¿Qué tipo de seguro médico posee?
Público (MediCal/MediCaid)Privado
No tengo seguro médico Se niega a responder
20. ¿Cuántas personas viven en su
vivienda?_____________
8. Escuela:_____________________________21. ¿Cuál es el ingreso anual de su hogar?
9. Grado (o último grado completado):______
0 - $14,999
$15,000-$34,999
$35,000-$49,999
$50,000-$74,999
$75,000-$99,999
$100,000+
No sabe
Se niega a responder
22. Firma del padre/madre/tutor:
_________________________________________
Attachment B
NSU Enrollment Form
City of Gilroy, SCYTF (NSU) - FY23
7.3.c
Packet Pg. 367 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)
Attachment C
Quarterly Narrative Report
City of Gilroy, SCYTF (NSU) – FY23-28
Quarterly Narrative Report
(City of Gilroy FY23-28)
Page 1 of 5
PO # Date of Update
Period of Update
Section 1 – Milestone Update
Instructions: Provide a brief update (no more than 4-6 sentences) on the current status of each
contract milestone. The update should clarify the status of the milestone, summarizing major
activities, successes and/or challenges related to the milestone and its associated tasks, as
identified in the contract scope of work. If tasks associated with a milestone have an assigned
target quantity, provide the current quantity completed. For example, if a task in the milestone is
to provide pro-social activities to a minimum of 540 individuals, provide the current quantity of
individuals served year-to-date, from the start date of contract to the last day of report update.
Milestone # 1 Start Date 7/1/22 Target Date 10/1/22
Description Assist the East Gilroy Resident Leadership group in establishing a Community
Action Plan. This action plan must be in alignment with the goals and objectives
identified by the East Gilroy resident leaders.
The Community Action Plan must be submitted by October 1, 2022.
Provide quarterly updates on the Community Action Plan.
Q1
Q2
Q3
Q4
Milestone # 2 Start Date 7/1/22 Target Date 6/30/23
Description Provide additional opportunities for residents (children, youth, adults, and seniors)
to engage in educational, health and safety related classes, workshops, and
presentations to be located in East Gilroy.
Based on the plan developed by the East Gilroy SCYTF Technical Team
subcommittee and the resident/neighborhood group in East Gilroy,
Contractor shall provide pro-social activities to a minimum of 540
individuals in FY23. Provide the number of UNDUPLICATED number of
residents engaged in each workshop/class.
Q1
Q2
Q3
Q4
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Attachment C
Quarterly Narrative Report
City of Gilroy, SCYTF (NSU) – FY23-28
Quarterly Contract Status Report Page 2 of 5
Milestone # 3 Start Date 7/1/22 Target Date 6/30/23
Description Collaborate with the NSU Probation Community Worker (PCW) in identifying and
enrolling at-risk youth attending schools serving East Gilroy residents, in pro-social
activities. Priority will be given to youth identified in Multi-System-Meetings (MSTs)
or related school disciplinary meetings serving Positive Behavior Intervention &
Supports (PBIS) tier 2 and tier 3 youth. Pro-social activities for at-risk youth shall be
determined on an individual basis, based on the needs and interests of the youth
participant.
Develop menu of Pro-social activities for at-risk youth attending schools
serving East Gilroy residents.
Collaborate with PCW to enroll 20 at-risk youth in individualized, pro-social
programming beginning July 2022 through June 2023.
Q1
Q2
Q3
Q4
Milestone # 4 Start Date 7/1/22 Target Date 6/30/23
Description Develop and submit the East Gilroy SCYTF Technical Team subcommittee/NSU
Implementation Team Charter/Work Plan.
This subcommittee Charter/Work Plan shall align the work of the
subcommittee members with the community actions goals of the resident
leadership group established in East Gilroy.
The Charter/Work Plan is due October 1, 2022.
Q1
Q2
Q3
Q4
Milestone # 5 Start Date 7/1/22 Target Date 6/30/23
Description Support the development, implementation, and maintenance of the FIRST5 FRC at
the San Ysidro Community Center.
Attach FIRST5 Workplan
Attach collaborative calendar
Q1
Q2
Q3
Q4
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Packet Pg. 369 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)
Attachment C
Quarterly Narrative Report
City of Gilroy, SCYTF (NSU) – FY23-28
Quarterly Contract Status Report Page 3 of 5
Milestone # 6 Start Date 7/1/22 Target Date 6/30/23
Description Support the training and implementation of restorative justice/restorative practices
in schools and other settings that support East Gilroy residents by maintaining a
network of Restorative Justice Practitioners.
Support the implementation of a leadership development and/or Promotor
initiative that aims to increase resident’s leadership capacity in East Gilroy.
Submit a comprehensive Restorative Justice Practices Program Proposal
and/or Leadership Development/Promotor Initiative Proposal by October 1,
2022.
If a Promotor Program is selected, provide a brief description and include
number of certified Promotores.
Support leadership and economic development activities.
Q1
Q2
Q3
Q4
Milestone # 7 Start Date 7/1/22 Target Date 6/30/23
Description Partner with Second Harvest Food Bank to implement monthly food distribution
program at San Ysidro Park, Assist the San Ysidro Nueva Vida in developing
partnership agreement, logistic coordination, and day of distribution activities.
Include details of how many families served, how many individuals served,
and how many pounds of food were distributed each month.
Q1
Q2
Q3
Q4
Milestone # 8 Start Date 7/1/22 Target Date 6/30/23
Description Provide support and logistic planning for community-wide events including, but not
limited to, National Night Out, Party in the Park, Spirits Night, and Holiday Posada.
Q1
Q2
Q3
Q4
Milestone # 9 Start Date 7/1/22 Target Date 6/30/23
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Packet Pg. 370 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)
Attachment C
Quarterly Narrative Report
City of Gilroy, SCYTF (NSU) – FY23-28
Quarterly Contract Status Report Page 4 of 5
Description Provide support and logistic planning for resident-led emergency response efforts
including, but not limited to food distributions, essential supply distributions, and
COVID-19 response efforts.
Q1
Q2
Q3
Q4
Section 2 – Success Story or Testimonial
Instructions: Please write a brief story or testimonial about a family that has been positively
impacted by an NSU-funded program and/or service that occurred in each quarter. The story or
testimonial for each quarter should be approximately 250-500 words and no more than 1/3
page. If possible, include the referral source of the highlighted family.
Success Story or Testimonial
Q1
Q2
Q3
Q4
7.3.c
Packet Pg. 371 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)
Attachment C
Quarterly Narrative Report
City of Gilroy, SCYTF (NSU) – FY23-28
Quarterly Contract Status Report Page 5 of 5
Section 3 – Year-End Summary
Instructions: Answer the following questions upon conclusion of 4 th Quarter or Program Year.
Each answer should be approximately 250-500 words and no more than 1/3 page.
A) Summarize the program services provided during the contract term, how they met or did not
meet program objectives, and why.
B) Summarize the program’s strengths, challenges, and lessons learned.
7.3.c
Packet Pg. 372 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)
Contractor Address
PO # Date
Dept. # Fiscal Year
Expenditure Invoice Amount Doc 1 Doc 2 Doc 3 Doc 4 Doc 5
I. Deliverables
1a - 2c; 4c,4d,4f & 4g: Personnel -$
Benefits
3a: Pro-Social Activites/San Ysidro Nueva Vida -$
3b: Individual Pro-Social Activities (S.P.A.R.K.) - Quarterly -$
4a:Community Calendar -$
4b: Monthly Community Meetings -$
4e: Restorative Justice Leadership/Promotora Program -
Quarterly -$
4g: Program Reserve -$
4h: Community Championship /Community Safety
Survey/Media Project -$
Grand Total -$
Performance Doc 1 Doc 2 Doc 3 Doc 4 Doc 5
PG (a): # of UNDUPLICATED ADULT Residents Enrolled
into Pro-Social Activities 0
PG(a1): # of UNDUPLICATED YOUTH Residents Enrolled
into Pro-Social Activities 0
PG (a2): # of DUPLICATED Youth and Adult Residents
Enrolled into Pro-Social Activities 0
PG (a3) # of DUPLICATED Individuals attending San
Ysidro Nueva Vida Cafecito Meetings 0
PG (a4): # of San Ysidro Nueva Vida Cafecito Meetings 0
PG (b): # of DUPLICATE attendees at San Ysidro Events
(50+ people)0
PG (b1) # of Community Events/Gatherings (50+ people)0
PG (c): # of S.P.A.R.K. Youth Participants (Unduplicated)0
PG (d): # of Certified Promotores 0
PG (e): # of Families/Households served through Food
Distributions 0
PG (f): # of Individuals served through Emergency
Response Efforts 0
YTD Target =8.3%
Line Item Budget YTD Expended % Expended
Budget
Remaining
Deliverables
1a - 2c; 4c,4d & 4f: Personnel 56,819.00$ -$ 0.0%56,819.00$
Benefits 5,681.00$ -$ 0.0%5,681.00$
3a: Pro-Social Activites/San Ysidro Nueva Vida 20,350.00$ -$ 0.0%20,350.00$
3b: Individual Pro-Social Activities (S.P.A.R.K.) 8,208.00$ -$ 0.0%8,208.00$
4a:Community Calendar 600.00$ -$ 0.0%600.00$
4b: Monthly Community Meetings 600.00$ -$ 0.0%600.00$
4e: Restorative Justice Leadership/Promotora Program 45,292.00$ -$ 0.0%45,292.00$
4g:Program Reserve 30,000.00$ -$ 0.0%30,000.00$
4h: Community Championship /Community Safety
Survey/Media Project 5,000.00$ -$ 0.0%5,000.00$
Grand Total 172,550.00$ -$ 0.0% 172,550.00$
Performance Units of Service Monthly Target Annual Target
PG (a): # of UNDUPLICATED ADULT Residents Enrolled
into Pro-Social Activities
025300
PG(a1): # of UNDUPLICATED YOUTH Residents Enrolled
into Pro-Social Activities
015180
PG (a2): # of DUPLICATED Youth and Adult Residents
Enrolled into Pro-Social Activities
075900
PG (a3) # of DUPLICATED Individuals attending San
Ysidro Nueva Vida Cafecito Meetings
010130
PG (a4): # of San Ysidro Nueva Vida Cafecito Meetings
0111
PG (b): # of DUPLICATE attendees at San Ysidro Events
(50+ people)
0 265 2,000
PG (b1) # of Community Events/Gatherings (50+ people)
0313
PG (c): # of S.P.A.R.K. Youth Participants (Unduplicated)
0520
PG (d): # of Certified Promotores 0413
PG (e): # of Families/Households served through Food
Distributions
0 250 3,000
PG (f): # of Individuals served through Emergency
Response Efforts
030360
Source Documentation
Year-To-Date Information
July Expenditure & Performance Report
City of Gilroy, South County Youth Task Force
7351 Rosanna Street
Gilroy, CA 95020
246 FY23
Attachment D
Monthly Invoice and Expenditure and Performance Report
City of Gilroy, SCYTF (NSU) - FY23
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Packet Pg. 373 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)
SCYTF
Monthly Activity Report
Completed by: Month:
# (SOW)
Backup Documentation
Required
1a Sign-in sheets
1b Community Action Plan
2a Agenda, meeting notes,
sign-in sheets and
quarterly updated
workplan
2b Agenda, meeting notes,
sign-in sheets and
quarterly updated
workplan2c, 4c FIRST5 workplan,
collaborative calendar,
meeting agendas and
sign-in sheets
3a NSU Enrollment Form,
Monthly Group
Classes indicated on
community calendar, sign
in sheets, and
Cost Summary
Report
3b NSU Enrollment Forms,
Cost Summary
Report
4a Community Calendar
4b Agenda, meeting notes,
sign in sheets
Monthly cafecito community meeting with a
core group of resident leaders (youth and/or
adults) of East Gilroy
Participant list
Community Calendar Community Calendar
Participant List
S.P.A.R.K. Participant List
SYNV Leaderhip Log and
participant list
First 5 FRC Report
Maintain the SCYTF East Gilroy Subcommittee,
which also serves as the NSU Implementation
Team. This subcommittee/team shall meet bi-
monthly/ 6x per year
Submission of Community Action Plan
Develop and submit the East Gilroy Tech Team
Subcommittee/ NSU Implementation Team
Charter/ Work Plan
Attach Charter Work Plan
Deliverables:
Ongoing Monthly Deliverables:
The following deliverables must be completed each month in order to recieve reimbursement for services delivered. The deliverables outlined below are
reflected in the Contractor's Scope of Work (SOW).
Activity
Activity
Completed? Comments/Notes
Monthly Reporting
Requirements
Maintain a resident advisory group focused in
East Gilroy.
Subtotal.
Provide prosocial
and/or group classes
related to educational,
health and wellness, safetyand gang prevention
related classes/workshops/
presentations to East Gilroy
Individual prosocial
activities for at-risk
youth identified by the NSU Probation
Community Worker
Support the development, implementtion and
maintenance of a FIRST5 FRC at the San
Ysidro Community Center. Participate as a
member of the Joint Use Agreement
Leadership Team
Continued on Page 2
Attachment E
Monthly Activity Report
City of Gilroy, SCYTF (NSU) - FY23
7.3.c
Packet Pg. 374 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)
# (SOW)
Backup Documentation
Required
4d Sign-in sheets
4e
4f Flyers if applicable
Units of
Service*
Monthly
Targets Yearly Targets
2 40 490
2 4 50
75 900
10 130
1 11
0 265 2000
Comments/
Notes
Sign-in Sheets,
Participant List
(B) # of DUPLICATE attendees at San Ysidro Events (50+
people)
Participant List,
Flyers
Performance Summary:
Activity
Monthly Reporting
Requirements
Activity
Completed?
Partner with Second Harvest Food
Bank to implement monthly food
distribution program at San Ysidro
Park, Assist the San Ysidro Nueva
Vida in developing partnership
agreement, logistic coordination,
and day of distribution activities.
Food Distribution Report
Type of Backup
Documentation
Provided
(A) # of UNDUPLICATED ADULT Residents Enrolled into
Pro-Social Activities
Performance Goals:
NSU Enrollment
Form, Sign-In
Sheets, Participant
List (Tab 2)
Support the training and implementation of
Restorative Justice Leadership and/or
Promotora-based initiatives in schools and
other settings that support East Gilroy
residents. Includes building leadership capacity
and economic development opportunities.
RJ_Promotora Participant
list,
Details in Quarterly
Narrative
Support Emergency Response Efforts Emergency Response
Report
(A4) # of San Ysidro Nueva Vida Cafecito Meetings.
*Manually enter the number under units of service
Comments/Notes
(A3) # of DUPLICATED Individuals attending Monthly San
Ysidro Nueva Vida Cafecito Meetings *Manually enter the
number under units of service
Sign-in Sheets,
Participant List
(A1) # of UNDUPLICATED YOUTH Residents Enrolled into
Pro-Social Activities
NSU Enrollment
Form, Sign-In
Sheets, Participant
List (Tab 3)
(A2) # of DUPLICATED Youth and Adult Residents
Enrolled into Pro-Social Activities
NSU Enrollment
Form, Sign-In
Sheets, Participant
Lists (Tab 2&3)
Attachment E
Monthly Activity Report
City of Gilroy, SCYTF (NSU) - FY23
7.3.c
Packet Pg. 375 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)
0 3 13
2 5 20
0 4 13
0 250 3000
0 50 600
*Automatically populated based on data entry from the various reports and participant lists.
(F): # of Individuals served through Emergency Response *
(C): # of UNDUPLICATE S.P.A.R.K. Youth participants
Quarterly Report
/Flyers Emergency
RRt
Participant List
(E): # of Families/households served through food
distributions*
Food Distribution
Report/Quarterly
Report
Flyers, Community
Event Report
(B1) # of Community Events/Gatherings (50+ people)
(D): # of Certified Promotoras*Quarterly Report.
RJ List
Attachment E
Monthly Activity Report
City of Gilroy, SCYTF (NSU) - FY23
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7.3.c
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7.3.c
Packet Pg. 379 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)
FY23 City of Gilroy Budget Neighborhood Safey Unit (NSU)
Attachment G
Budget and Rates of Pay
City of Gilroy, SCYTF (NSU) - FY23
Community Resource Specialist and/or Recreation Specialist,
Recreation Leader (I-III), Office Assistant (I-III), Property &
Paycheck Stub/Timecards/ ADP Pay
Roll Report
Ongoing Monthly N/A
Establish and maintain a resident advisory group focused in East
Gilroy that meets monthly.
Resident Advisory group meeting
sign in sheets.
Ongoing Monthly N/A
Submission of Annual Community Action Plan: Pro-social and
other support activities reimbusred under line 3a must be clearly
Community Action Plan (See
attachment ___ for template)
10/01/2022
(initial), Revised version
2x p/year (Qtr2 and
Qtr 4)
2
Establish and maintain the SCYTF East Gilroy Subcommittee, which
also serves as the NSU Implementation Team. This
Agenda, meeting notes, sign in sheet
and the updated monthly workplan
Ongoing Monthly N/A
Develop and submit the East Gilroy SCYTF Technical Team
subcommittee/NSU Implementation Team Charter/Work plan
East Gilroy SCYTF Technical Team
subcommittee/NSU Implementation
10/01/2022
(initial charter/ Work plan)
Annual N/A
Support the development, implementation, and maintenance of a
FIRST5 FRC at the San Ysidro Community Center
FIRST5 workplan, collaborative
calendar, meeting agendas and sign
Ongoing Monthly N/A
Support the maintenance of the Joint Use Agreement between the
County and the City to ensure access to the San Ysidro Community
Joint Use/Facility Use Agreement
Quarterly Report Update
10/1/2022 Quarterly 1
Increase food security and maintain nutritional programming at
San Ysidro Park by partnering with Second Harvest Food Bank
Summary of children and families
served
Ongoing Monthly N/A
Support resident-led emergency response efforts Summary of individuals served Ongoing Monthly N/A
N/A Benefits Paycheck Stub/Timecards/ ADP Pay
Roll Report
Ongoing Monthly N/A 10% of salary
3a Provide pro-social activities that promote health, wellbeing,
education, and communtiy building.
Funds must be approved and vetted through the San Ysidro
resident leadership group. Pro-social activities must be identified
in the Communtiy Violence Prevention Plan.
Monthly Group Classes NSU
Enrollment forms, and/or sign in
sheets. Provide monthly participant
list, resident activity log, and details
of activities in Quarterly Narrative
Report
By June 2023 Monthly Varies $1695.83/month
3b Individual pro-social activities for at-risk youth identified by the
NSU Probation Community Worker.
Provide sign-in sheets, quarterly
participant list and details of
activities in Quarterly Narrative
Report
By June 2023 Quarterly Varies Q2:$2,736 Q3:$2,736
Q4:$2,736
4a Community calendar Develop and Submit Monthly
Community Event/Classes Calendar
by the 15th day of each month for the
upcoming month.
Ongoing Monthly 12 $50/month
4b Monthly community meeting with a core group of resident leaders
(youth and/or adults) of East Gilroy
Agenda, meeting notes, sign in
sheets
Ongoing Monthly Varies $50/month
4d Support the training and implementation of Restorative Justice
Leadership and/or Promotora-based initiatives in schools and
other settings that support East Gilroy residents
Participant list and details of event in
Quarterly Narrative Report.
Ongoing Quarterly Varies Q1: $11,323
Q2: $11,323
Q3: $11,323
Q4: $11,323
N/A Program Reserve:For various program needs including support for
leadership and economic deveopment projects or National Night
Out/Media Projects
Proof of Cost, Proof of Payment Ongoing Monthly Varies Varies
NSU will host a community champion celebration to commorate
the work of the residents and leaders of East Gilroy. Funds may
also be used for a leadership retreat or to purchase supplies to
support the Community Safety Survey.
5,000$
Media Project - Website design and/or documentary for Gilroy
United and/or SCYTF
TBD
Total
Deliverable Description Backup Documentation Required
for Reimbursement
Anticipated Completion
Date
Frequency Number of
allowable units
per year
Price per unit
1a - 2c; 4c, 4d,
4e,4f,4g
Varies, but pay may
range from: $4,508-
$5,630 per month
4h Flyer and details of event in
Quarterly Narrative Report, and list
of participants.
Proof of cost/proof of payment
TBD bi-annual N/A
7.3.c
Packet Pg. 380 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)
Attachment H
Quarterly Invoice
City of Gilroy, SCYTF (NSU) -FY23
BILL TO:Department of Probation REMITTANCE: City of Gilroy
County of Santa Clara
ADDRESS: 840 Guadalupe Pkwy ADDRESS: 7351 Rosanna Street
San Jose, CA 95110 Gilroy, CA 95020
Attn: Fiscal Division
PO #: Invoice #:
Date of Submission:
Start Date End Date
Contract Period:7/1/2022 6/30/2023
Invoice Period:
Final Invoice (circle one): Yes No % of Period Elapsed -12292%
Program Deliverable(s) /
Written Report for the reporting
period Submitted (circle one):Yes No
ab ef
CATEGORIES BUDGET
FUNDS
PREVIOUSLY
REQUESTED
REMAINING
CONTRACT
BALANCE
(a-d)
% of
Budget
Expended
(d/a)
1a - 2c; 4c,4d & 4f: Personnel $56,819 - 56,819.00
Benefits $5,681 5,681.00
3a: Pro-Social Activites/San Ysidro
Nueva Vida $20,350 - 20,350.00
3b: Individual Pro-Social Activities
(S.P.A.R.K.) $8,208 - 8,208.00
4a:Community Calendar $600 - 600.00
4b: Monthly Community Meetings $600 - 600.00
4e: Restorative Justice
Leadership/Promotora Program $45,292 - 45,292.00
4g:Program Reserve $30,000 - 30,000.00
4h: Community Championship
/Community Safety Survey/Media
Project
$5,000 - 5,000.00
Totals 172,550.00 - 172,550.00
I hereby certify under penalty of perjury that the amount billed above is true and correct in accordance with the contract.
Date:
Accounting Contact Person:
Phone Number:
Fax Number:
E-mail Address:
Invoice Amount:SAP DOC #
Adjustment:Input Date:
Net Payment:Name:
Explanation:Approver:
Contract Monitor: Date:
- -
INVOICE
cd
ACTUAL CONTRACT
EXPENSES THIS PERIOD
TOTAL CONTRACT
EXPENSES TO
DATE
(b+c)
- -
- -
- -
- -
- -
TOTAL EXPENDITURES -$
- -
PROBATION DEPARTMENT STAFF USE ONLY
LESS PROGRAM INCOME -$
TOTAL EXPENDITURES BILLED -$
Vendor / Contractor Authorized Signature:
7.3.c
Packet Pg. 381 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)
CONTRACTOR CERTIFICATION OF COMPLIANCE WITH
COVID-19 VACCINE REQUIREMENTS
(Version Effective April 1, 2022)
Contractor Information:
Contractor name: Name of Contractor representative:
Contractor phone number: Contractor email address:
Contractor Certification. On behalf of Contractor, I hereby certify that:
1. Contractor has reviewed and is in compliance with all current County requirements regarding
COVID-19 vaccination applicable to contractor’s employees working at County facilities,
including but not limited to the requirements in the County’s memorandum regarding COVID-
19 Vaccine Requirement for County Personnel (“County Vaccine Policy”), the County’s
memorandum regarding Application of COVID-19 Vaccination Requirement to County
Contractors, Interns, and Volunteers, all current State and County Health Officer orders, and
any other County requirements. These memoranda and current County policies are accessible
at <https://procurement.sccgov.org/doing-business-county/contractor-vaccinations>.
Contractor understands that it is responsible for reviewing and maintaining compliance with all
subsequent revisions or amendments to State and County orders and requirements regarding
COVID-19.
2. As of the date signed below:
a. Contractor understands that it must confirm, and has confirmed, that all of contractor’s
workers (including any subcontractor workers) who routinely perform services for the
County onsite and share airspace with or proximity to other people at a County facility
as part of their services for the County 1 are:
i. Fully vaccinated against COVID-19 and up-to-date on any boosters for which
they are eligible as defined and required in the County Vaccine Policy; or
ii. Have a legally sufficient and approved medical, disability, or religious
exemption from vaccination that has been granted by contractor.
1 As established in the County’s Memorandum Regarding Application of COVID-19 Vaccination Requirement to County
Contractors, Interns, and Volunteers, contractors performing work at closed construction sites are not required to comply
with the County’s vaccination requirements, but must comply with all applicable federal, state, and local public health laws,
including but not limited to vaccination, testing, and masking requirements.
Exhibit A
Contractor Certification of Compliance With COVID-19 Vaccine Requirements
City of Gilroy, SCYTF (NSU) - FY23
7.3.c
Packet Pg. 382 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)
b. Contractor has verified and will continue to verify the vaccination status of all staff
working on site at any County facility, and has obtained proof of vaccination from its
staff in a form consistent with the California Department of Public Health’s Vaccine
Records Guidelines and Standards.
3. If contractor seeks to send any workers who are not fully vaccinated and up-to-date on boosters
for which they are eligible to work indoors at any County facility because the contractor has
granted them an exemption, contractor shall notify the County in writing by providing a list of
any such workers to the COVID-19 Designee for the department that manages the facility
where the contractor personnel will be working at least 96 hours in advance of any such worker
arriving onsite so that the department has sufficient time to determine whether it will approve
the contractor’s requests that its personnel work onsite and, if approved, can ensure that the
contractor has complied with all applicable COVID-19 safety requirements for unvaccinated
individuals, including, where appliable, regular testing and the use of a fit-tested N95 mask.2
Notice must be separately provided to each department that manages a facility where contractor
seeks to assign personnel to work onsite. Regardless of exemption status, personnel who are
not fully vaccinated and up-to-date on boosters for which they are eligible may not work in
high-risk roles at County facilities.
4. If any of contractor’s workers are noncompliant with vaccination or testing requirements,
contractor will notify the County Department for which they are providing services
immediately and will not permit those workers to go onsite at a County facility without express
written permission from the County.
5. Contractor will comply with all reasonable requests by the County for documentation
demonstrating the contractor’s compliance with this Certification.
I verify the truth and accuracy of the statements in this Certification under penalty of perjury under the
laws of the State of California.
_____________________________________
Name of authorized representative of
Contractor
________________________________
Title
_____________________________________
Signature
________________________________
Date
2 If contractor sends workers who are not fully vaccinated and up-to-date on boosters for which they are eligible, it is
contractor’s obligation to ensure that it has any necessary authorization under the California Confidentiality of Medical
Information Act, Cal. Civ. Code §§ 56 et. seq., and under any other laws to share this information with the County.
Exhibit A
Contractor Certification of Compliance With COVID-19 Vaccine Requirements
City of Gilroy, SCYTF (NSU) - FY23
7.3.c
Packet Pg. 383 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)
7.3.c
Packet Pg. 384 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)
7.3.c
Packet Pg. 385 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)
7.3.c
Packet Pg. 386 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)
7.3.c
Packet Pg. 387 Attachment: Gilroy_SCYTF_NSU_SA_FY23_DB (3869 : Approve County Funding for SCYTF)
City of Gilroy
STAFF REPORT
Agenda Item Title: Approve a Marketing and Economic Development
Agreement with the Gilroy Chamber of Commerce
Meeting Date: August 15, 2022
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted By: Jimmy Forbis, City Administrator
Prepared By: Jimmy Forbis, City Administrator
Strategic Plan Goals
☐ Develop a Financially
Resilient Organization
☐ Ensure Neighborhood
Equity from City
Services
Promote Economic
Development
Activities
☐ Promote Safe,
Affordable Housing for All
☐ Maintain and Improve
City Infrastructure
RECOMMENDATION
Approve a Marketing and Economic Development Agreement with the Gilroy Chamber
of Commerce for an Annual Amount Not to Exceed $50,000, Plus a Percent age of
Administrative Grant Funding for the Business Community Received, and Authorize the
City Administrator to Execute the Agreement.
BACKGROUND
The City has engaged in numerous formal and informal agreements with entities that
provide service in collaboration with the City’s economic development efforts. In the
past, many of these agreements were not entered into formally and furthermore they
7.4
Packet Pg. 388
lacked a clear scope of service and responsibilities, agreed upon workplan items, and
regular reporting of results to both City Administration and the City Council.
The City recently formalized its’ agreement with Visit Gilroy/California Welcome Center
in the amount of $350,000 annually for economic development, marketing, and tourism-
based activities.
The City has a long history of collaboration with the Gilroy Chamber of Commerce,
however, there has never been a formal agreement in place for specific services.
ANALYSIS
The proposed annual contribution of $50,000 is within the City Administrator’s
purchasing authority, however it is requested that Council consider and approve a
formal agreement due to the following:
1. The Chamber of Commerce conducts activities as a political advocacy group
known as GilPAC and thus is involved with various local election candidate s and
political activities. It is important to illustrate that funds contributed to the
Chamber are specifically identified for use as described in the Scope of Service
(Attachment A).
2. For budgeting purposes, an agreement enables the Chamber to rely on a
consistent contribution from the City.
At one time the City contributed $200,000 annually to the Gilroy Economic Development
Corporation (GEDC) to assist in performing economic development marketing and
business assistance on behalf of the City of Gilroy. On May 7, 2019, during a review of
the proposed budget for Fiscal Years (FY) 2020 and 2021, Council made the decision to
cease the recurring budget appropriation in favor of bringin g economic development
activities into the City through the hiring of a Deputy City Administrator focused on
economic development, using the savings of $200,000 to pay a portion of the cost for
the position. In subsequent meetings, Council did not approve in the budget process
various proposals, including a $50,000 contribution to the EDC on May 20, 2019, nor a
$10,000 membership contribution on June 3, 2019. The Deputy City Administrator
position was not successfully filled, and during the pandemic reductions in early 2020,
the position was eliminated as a cost savings measure.
In the adopted budget of FY22, the City brought those activities in-house and hired a
full-time employee, who started on August 2, 2021, to coordinate economic
development activities. This has proven to be successful; however, the City continues
to benefit from its’ relationships with outside entities including the Chamber. Examples
of the benefits of this relationship include: 1) During COVID, the Chamber assumed
administration of the City’s Small Business Grant program ; and 2) the Chamber has
also coordinated the City’s advertisements in the Silicon Valley Business Journal to
promote locating of businesses in Gilroy.
7.4
Packet Pg. 389
In the upcoming year the City and Chamber will collaborate on several projects
including development of a collaborative workforce program to develop educational and
training paths for high school and college students.
It should be noted that funds will not be automatically provided the Chamber and will be
provided on a reimbursement basis. The recommended term is 5 years, which is
consistent with other formal economic development agreements.
The Chamber will submit Quarterly Reports to the City Council describing the use of
funds and results.
ALTERNATIVES
Council could decide not to enter into a marketing and economic development
agreement with the Chamber. By not approving an agreement there would be limitations
to contributions, pursuant to the City’s purchasing policy, regarding the payment for
services that the Chamber could provide. Additionally, this is a best practice that has
been put into place, and already Visit Gilroy is under a similar contractual relationship
for its economic development support services.
FISCAL IMPACT/FUNDING SOURCE
No fiscal impacts are anticipated at this time. The City’s current adopted budget
includes funding identified for contributions to activities with the Gilroy Chamber of
Commerce.
CONCLUSION
The City of Gilroy and the Gilroy Chamber of Commerce have a strong working
relationship aimed towards the betterment of the local economy. Establishing a cont ract
with clear expectations of funding levels, activities within the agreement’s scope of
work, and clear reporting activities will allow for work to be coordinated through the two
organizations and ensure that the City’s funding is well used.
NEXT STEPS
If approved, the City Administrator will execute the agreement with the Chamber of
Commerce, and work with the Chamber to implement the terms of t he agreement.
PUBLIC OUTREACH
This agenda item was included on the agenda for this meeting, which was pu blicly
posted both physically at City Hall, as well as online on the City’s website.
Attachments:
1. Scope of Services
7.4
Packet Pg. 390
2. DRAFT Standard Agreement for Services - Gilroy Chamber of Commerce
7.4
Packet Pg. 391
RESOLUTION 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY TO RELEASE UNCLAIMED CHECKS TO THE
CITY OF GILROY PURSUANT TO CALIFORNIA
GOVERNMENT CODE SECTION 50053 AND SECTION
50055
WHEREAS, on the attached list, checks over fifteen ($15) dollars have been outstanding
and unclaimed for more than three years.
WHEREAS, on the attached list, checks less than fifteen ($15) dollars have been
outstanding and unclaimed for more than one year.
WHEREAS, a Public Notice of unclaimed funds was advertised in a newspaper of local
circulation.
NOW, THEREFORE, BE IT RESOLVED that the unclaimed checks, over fifteen ($15)
dollars on the attached list in the total amount of $1,216.66 shall be transferred to the General Fund
or other fund(s) so designated, in accordance with Section 50053 of the California Government
code.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the unclaimed checks, less
than fifteen ($15) dollars on the attached list in the total amount of $52.61 shall be transferred to
the General Fund or other fund(s) so designated, in accordance with Section 50055 of the
California Government code.
PASSED AND ADOPTED by the City Council of the City of Gilroy at a regular meeting
duly held on the 15th day of August 2022 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED:
Marie Blankley, Mayor
ATTEST:
_______________________
Thai Nam Pham, City Clerk
7.4.a
Packet Pg. 392 Attachment: Draft Resolution (3906 : Unclaimed Checks Under and Over $15)
Payee Name Amount
GORMAN, JOEL $5.67
KARL LUBICH $11.50
AUSENCIA SANCHEZ $11.50
HOYSI PAOLA LATIN $11.50
MARTIN, DIANE T. $12.44
VALENCIA, GLORIOUS $15.37
DECORACIONES Y EVENTOS LI $15.40
VADASSERY, RAMAKISHNAN S. $17.48
CARLINO, DAN $21.96
BARR, BARBARA $33.38
ROBLES, MANUEL $44.10
TERRAZO APARTMENTS $53.95
STRAIN, BAILEY T $55.30
EL CENTENARIO BAR AND GRI $55.80
SHEETAL PARMAR $57.00
SOUTHWORTH, SCOT &RHONDA $79.74
VICTORIA AVELAR $100.00
SAFEWAY STORES #1505 $105.00
CORDES, RICHARD $132.00
ALL PRO REPIPES INC $136.32
COMPLIANCE SOLUTIONS, INC $293.86
Total checks under fifteen ($15) dollars $52.61
Total checks over fifteen ($15) dollars $1,216.66
7.4.a
Packet Pg. 393 Attachment: Draft Resolution (3906 : Unclaimed Checks Under and Over $15)
Public Notice
CITY OF GILROY
FINANCE DEPARTMENT
7351 Rosanna Street
Gilroy, CA 95020
Notice is hereby given that the City of Gilroy is holding funds for the following persons and
businesses. If said funds are not claimed by June 20, 2022 these funds will become the property of the
City of Gilroy in accordance with California Government Code Section 50052.
The said funds may be released to the depositor, their, heir, beneficiary, or duty appointed
representative provided a claim form has been completed with the necessary information. The
information needed is as follows:
• Name, address, telephone number, and social security number (or FEIN).
• Amount of claim.
• Proof of Identity, such as copy of driver’s license, social security card or birth certificate.
• Grounds on which claim is founded.
The Unclaimed Money Claim Form is available at the City of Gilroy Finance Department, located at 7351
Rosanna Street in Gilroy.
Persons or entities with funds on deposits for three (3) years are:
Name Amount
VALENCIA, GLORIOUS $15.37
STRAIN, BAILEY T $55.30
DECORACIONES Y EVENTOS LI $15.40
VADASSERY, RAMAKISHNAN S. $17.48
VICTORIA AVELAR $100.00
COMPLIANCE SOLUTIONS, INC $293.86
SAFEWAY STORES #1505 $105.00
GORMAN, JOEL $5.67
ROBLES, MANUEL $44.10
EL CENTENARIO BAR AND GRI $55.80
MARTIN, DIANE T. $12.44
KARL LUBICH $11.50
AUSENCIA SANCHEZ $11.50
HOYSI PAOLA LATIN $11.50
BARR, BARBARA $33.38
SOUTHWORTH, SCOT &RHONDA $79.74
ALL PRO REPIPES INC $136.32
CARLINO, DAN $21.96
CORDES, RICHARD $132.00
7.4.b
Packet Pg. 394 Attachment: Public Notice 05-03-2022 (3906 : Unclaimed Checks Under and Over $15)
TERRAZO APARTMENTS $53.95
SHEETAL PARMAR $57.00
7.4.b
Packet Pg. 395 Attachment: Public Notice 05-03-2022 (3906 : Unclaimed Checks Under and Over $15)
7.4.c
Packet Pg. 396 Attachment: Proof of Publication Stale Dated Checks 61722 (3906 : Unclaimed Checks Under and Over $15)
City of Gilroy
STAFF REPORT
Agenda Item Title: Adoption of an Ordinance approving a Planned Unit
Development Zoning Amendment (Z 21-04) for property
located on Gurries Drive (APN: 790-35-038, 039, & 054)
Meeting Date: August 15, 2022
From: Jimmy Forbis, City Administrator
Department: Community Development Department
Submitted By: Sharon Goei, Community Development Director
Prepared By: Cindy McCormick, Customer Service Manager
Strategic Plan Goals
☐ Develop a Financially
Resilient Organization
☐ Ensure Neighborhood
Equity from City
Services
☐ Promote Economic
Development
Activities
☐ Promote Safe,
Affordable Housing for All
☐ Maintain and Improve
City Infrastructure
RECOMMENDATION
Adopt the second reading of an ordinance appr oving a Planned Unit Development
Zoning Amendment on property currently located on Gurries Drive, identified as
assessor parcel numbers 790-35-038, 039, and 054 (file number Z 21-04).
ANALYSIS
At the August 1, 2022 Regular Meeting, the City Council considered and introduced an
Ordinance approving a Planned Unit Development Zoning Amendment on property
currently located on Gurries Drive, identified as assessor parcel numbers 790 -35-038,
039, and 054 (file number Z 21-04). The Council motioned to read the Ordinance by title
7.5
Packet Pg. 397
only, waived further reading of the Ordinance, and then introduced the Ordinance (7-0-0
vote). No modifications to the draft Ordinance were proposed by the Council.
Council is now asked to adopt the Ordinance consistent with its August 1, 2022 action.
The Ordinance will take effect thirty (30) days from the date of Council action.
Attachments:
1. Vicinity Map
2. August 1, 2022 Staff Report
3. Proposed Ordinance
7.5
Packet Pg. 398
7.5.a
Packet Pg. 399 Attachment: Vicinity Map (3923 : Planned Unit Development Zoning Amendment (Z 21-04))
City of Gilroy
STAFF REPORT
Agenda Item Title: Tentative Map, Planned Unit Development Zoning Amendment,
and Architectural and Site Review Permit for 4-unit Townhome
Development on Gurries Drive
Meeting Date: August 1, 2022
From: Jimmy Forbis, City Administrator
Department: Community Development Department
Submitted By: Sharon Goei, Community Development Director
Prepared By: Cindy McCormick, Customer Service Manager
Strategic Plan Goals
☐ Develop a Financially
Resilient Organization
☐ Ensure Neighborhood
Equity from City
Services
☐ Promote Economic
Development
Activities
☐ Promote Safe,
Affordable Housing for All
☐ Maintain and Improve
City Infrastructure
RECOMMENDATION
a) Motion to read the ordinance by title only and waive f urther reading
b) Introduce an Ordinance of the City Council approving a Planned Unit Development
Zoning Amendment on property currently located on Gurries Drive, identified as
assessor parcel numbers 790-35-038, 039, and 054 (file number Z 21-04); and
c) Adopt a Resolution approving a Tentative Map to adjust the lot lines and subdivide
three (3) parcels on Gurries Drive (APN: 790-35-038, 039, & 054) into a total of four
(4) parcels (file number TM 21-03); and
d) Adopt a resolution approving an Architectural and Site Review Permit to allow
construction of four (4) townhomes on the subject property (file number AS 21 -14),
following approval of the associated PUD Zoning Amendment and Tentative Map.
7.5.b
Packet Pg. 400 Attachment: August 1, 2022 Staff Report (3923 : Planned Unit Development Zoning Amendment (Z 21-04))
EXECUTIVE SUMMARY
The project proposes to consolidate and subdivide three (3) existing parcels into four (4)
parcels and develop the site with an attached four-unit townhome project. The proposal
may be permitted with a Planned Unit Development (PUD) Zoning Amendment,
Tentative Map, and Architectural and Site Review. The PUD zoning overlay is required
to permit exceptions to the minimum R3 development standards for setbacks.
POLICY DISCUSSION
The proposed project requires a Planned Unit Development Zoning Amendment and
tentative map approval by the City Council upon recommendation of the Planning
Commission. The Architectural and Site Review Permit would otherwise be approved by
the Community Development Director or designee. Staff has processed all three
entitlements concurrently since the Architectural and Site Review Permit approval is
contingent on approval of the Planned Unit Development Zoning Amendment and
Tentative (parcel) Map.
BACKGROUND
PUD History: In 2006, a PUD was approved for a larger development, consisting of 11
townhomes, seven (7) single-family homes, and one (1) common guest parking area
(Hanna Court Project, approvals TM 06-15, Z 06-14 and AS 06-46, Tract 9931). Most of
the PUD has been developed (8 townhome units and 3 single -family units). The subject
site represents the remaining parcels to build out the PUD.
Planning Commission Recommendation: On July 7, 2022, the Planning Commission
reviewed the project and unanimously1 recommended approval of the PUD Zoning
Amendment, Tentative Map, and the Architectural and Site Review Permit (Attachments
5, 6 and 7). During the meeting, the applicant volunteered to install a bicycle rack in the
guest parking lot, as requested by a member of the public (Attachment 8), and now
illustrated on the Site Plan (Sheet A-1, Attachment 3).
Environmental Assessment: The project has been determined to be exempt from
further California Environmental Quality Act (CEQA) review under a Statutory
Exemption pursuant to Public Resources Code section 21083.3 and State CEQA
Guidelines section 15183 (Projects Consistent with General Plan, Community Plan or
Zoning). Public Resources Code Section 21083.3 allows a lead agency to avoid
repeating analyses that were already provided in a certified General Plan EIR and
where projects are zoned to accommodate a particular density o f development.
ANALYSIS:
1 The vote was 6-0-0-1 with one member abstaining due to a potential conflict.
7.5.b
Packet Pg. 401 Attachment: August 1, 2022 Staff Report (3923 : Planned Unit Development Zoning Amendment (Z 21-04))
Project Description: The applicant requests approval of a Tentative Map, Planned Unit
Development Zoning Amendment, and Architectural and Site Review Permit for a
proposed townhome development located on Gurries Drive (APN: 790-35-038, 039, &
054) within the R3 multiple-family residential district. The project requests deviations
from the R3 minimum setbacks standards, which require approval of the PUD Zoning
Amendment. One non-protected tree will be removed and replaced. The applicant has
volunteered to install a bicycle rack in the guest parking lot (Sheet A-1, Attachment 3).
General Plan Consistency: The 2040 General Plan designation for the property is
Medium Density Residential which allows a density of 8-20 dwelling units per net acre.
The range of density allowed on the 8,256 square foot property is two to four (2 -4) units.
The four-unit project would result in a residential density of approximately 21 dwelling
units per acre, due to rounding up the fractional unit allowance.
The proposed 4-lot subdivision, site layout, and architectural design meets the findings
for approval and is consistent with the Gilroy 2040 General Plan goals and policies, as
discussed in the July 7, 2022 Planning Commission Staff report (Attachment 4).
Zoning Map Amendment / Planned Unit Development (PUD) Analysis: The PUD
combining district provides an opportunity for projects to deviate from City Code where
justified. PUDs are processed as a zone change according to the provisions of City
Code Article LII. Pursuant to City Code Section 30.26.10, the intent of the PUD
combining district is to allow development diversification, while ensuring adequate
standards related to the public health, safety and general welfare of the community. The
project requests deviations from the R3 minimum setbacks standards. Therefore, the
PUD Zoning Amendment is required to deviate from the R3 zoning standards for front
yard setbacks (20’ instead of 26’), side yard setbacks (5’10” instead of 12’) and rear
yard setbacks (8’ instead of 15’).
The project meets the findings for approval as provided in the draft Ordinance.
Tentative Map Analysis: Residential subdivisions must comply with the Gilroy City
Code (GCC), including but not limited to Chapter 21 (Subdivisions and Land
Development). The Tentative (parcel) Map is required to consolidate and subdivide
three (3) existing parcels into four (4) parcels, ranging in size from approximately 1,879
square feet to approximately 2,250 square feet, for a total lot area of 8,256 square feet.
The four new lots would be improved with an attached four-unit townhome
development, along with a fenced rear yard and front yard landscaping for each unit.
The required findings and necessary conditions of approval have been prepared in
conformance with City Code and are included in the draft Council Resolution (TM 21-
03).
Architectural and Site Permit Analysis: Architectural and site review permit approval
is required pursuant to GCC Section 30.50.41(a). The project proposes four (4) 1,576
square-foot attached townhome units. Each unit includes a 456 square foot attached
7.5.b
Packet Pg. 402 Attachment: August 1, 2022 Staff Report (3923 : Planned Unit Development Zoning Amendment (Z 21-04))
two-car garage. Guest parking is accommodated in the 4-stall shared parking lot located
between the subject site and the properties to the left side (see prior PUD discussion).
The application is consistent with City Code and all objective development and design
standards for multi-family homes in the R3 multi-family residential district. The required
findings and necessary conditions of approval have been prepared in conformance with
City Code and are included in the draft Council Resolution (AS 21-14).
ALTERNATIVES
The City Council may approve the project with revisions, continue the project for further
review, or deny the project. Staff does not recommend these actions.
FISCAL IMPACT/FUNDING SOURCE
The applicant has paid all planning entitlement costs associated with the project. The
project will also require payment of all associated building permit fees and d evelopment
impact fees for citywide improvements.
CONCLUSION
The Planning Commission recommends that the City Council adopt an Ordinance
approving the Planned Unit Development Zoning Amendment for reduced setbacks,
and adopt Resolutions approving the Tentative Map and the Architectural and Site
Review Permit for the four-unit townhome development project.
NEXT STEPS
Upon City Council approval, the Engineering Department would complete the process of
signing and recording the Parcel Map. The applicant can then apply for building permits
to construct the project.
PUBLIC OUTREACH
On July 22, 2022, the project was published in the Gilroy Dispatch and on July 18,
2022, notice of this City Council meeting were mailed to property owners within 500 feet
of the subject site. In addition, the City Council public hearing packets are available
through the City's webpage.
Attachments:
1. Vicinity Map
2. Tentative Map
3. Development Plans
4. Planning Commission Staff Report, 07-07-22
7.5.b
Packet Pg. 403 Attachment: August 1, 2022 Staff Report (3923 : Planned Unit Development Zoning Amendment (Z 21-04))
5. PC Resolution 2022-08 - Z 21-04 - signed
6. PC Resolution 2022-09 - TM 21-03 - signed
7. PC Resolution 2022-10 - AS 21-14 - signed
8. Public comment letter, 06-02-22
9. Z 21-04 Draft Council Ordinance
10. TM 21-03 Draft Council Resolution
11. Exhibit A - Conditions of Approval for TM 21-03
12. AS 21-14 Draft Council Resolution
13. Exhibit A - Conditions of Approval for AS 21-14
14. Draft Notice of Exemption
15. Correspondence - Reedy, Sean
7.5.b
Packet Pg. 404 Attachment: August 1, 2022 Staff Report (3923 : Planned Unit Development Zoning Amendment (Z 21-04))
ORDINANCE NO. 2022-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING A PLANNED UNIT DEVELOPMENT ZONING
AMENDMENT (Z 21-04) FOR PROPERTY LOCATED ON GURRIES
DRIVE (APN: 790-35-038, 039, & 054)
WHEREAS, on July 22, 2021 an application was submitted by El Encanto III LLC
proposing subdivision of a 8,256 square foot site into four lots, located on Gurries Drive (APN:
790-35-038, 039, & 054) within the City of Gilroy R3 Medium Density Residential zoning district
(“Project”); and
WHEREAS, the application was resubmitted on May 11, 2022 and accepted as complete
on May 11, 2022; and
WHEREAS, On November 2, 2020 the Gilroy City Council adopted the Gilroy 2040
General Plan after certifying an EIR for the plan and whereas the General Plan EIR reviewed all
of the topics included on the Appendix G environmental checklist in the State CEQA Guidelines
as well as all sections required to be included in an EIR; and
WHEREAS, the project has been determined to be exempt from the California
Environmental Quality Act (CEQA) under a Statutory Exemption pursuant to Public Resources
Code section 21083.3 and State CEQA Guidelines section 15183 (Projects Consistent with General
Plan, Community Plan or Zoning). Public Resources Code Section 21083.3 allows a lead agency
to avoid repeating analyses that were already provided in a certified General Plan EIR and where
projects are zoned to accommodate a particular density of development; and
WHEREAS, the Planning Commission held a duly noticed public meeting on July 7, 2022,
at which time the Planning Commission received and considered the staff report as well as all
evidence received including written and oral public testimony related to the project Z 21-04; and
WHEREAS, the Planning Commission of the City of Gilroy determined that the proposed
Planned Unit Development Zoning Map Amendment (Z 21-04) meets the findings for approval
and recommended that the City Council approve application Z 21-04, subject to the Conditions of
approval attached hereto as Exhibit A.
WHEREAS, the City Council held a duly noticed public hearing on August 1, 2022, at
which time the City Council received and considered the staff report as well as all evidence
received including written and oral public testimony related to the project Z 21-04; and
WHEREAS, the location and custodian of the documents or other materials which
constitute the record of proceedings upon which the project approval is based is the Community
Development Department, Planning Division.
7.5.c
Packet Pg. 405 Attachment: Proposed Ordinance (3923 : Planned Unit Development Zoning Amendment (Z 21-04))
Ordinance No. 2022-XX
Planned Unit Development Zoning Amendment Z 21-04
City Council Regular Meeting | August 15, 2022
Page 2 of 4
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
The City Council finds that:
A. “The project conforms to the Gilroy General Plan in terms of general location and
standards of development.”: The proposed density is consistent with the Medium Density
General Plan land use designation and R-3 zoning designation. This designation is intended
primarily for multi-family attached structures (townhomes, condominiums, apartment
buildings). Per the General plan, buildings are typically two to three stories tall.
B. “The project provides the type of development that will fill a specific need of the
surrounding area.”: The townhome project is consistent with Housing Element Goal H-1
(Housing Production) that strives to provide adequate residential sites to accommodate
projected housing needs and encourage the production of a variety of housing types.
Smaller lots accommodate smaller units, such as the 1,576 square foot units being
proposed, which is typically a more affordable housing option than the typical detached
single-family housing that is predominate in Gilroy.
C. “The project will not require urban services beyond those that are currently available.”:
All utilities needed to serve the project are located adjacent to the property.
D. “The project provides a harmonious, integrated plan that justifies exceptions, if such are
required, to the normal requirements of this ordinance.”: The proposed development
proposes reduced setbacks in order to achieve the allowable density and still provide a
reasonable unit size (1,576 square feet). The site layout and building design is compatible
with the surrounding townhome units. The townhome project is consistent with Housing
Element Goal H-1 (Housing Production) to provide adequate residential sites to
accommodate projected housing needs and encourage the production of a variety of
housing types.
“The project reflects an economical and efficient pattern of land uses.”: The project
proposes an economical and efficient pattern of land uses by developing the full potential
of the allowed density of the medium density land use designation.
E. “The project includes greater provisions for landscaping and open space than would
generally be required.”: The private rear yards area are a minimum 230 square feet in area,
exceeding the minimum 150 square foot area for R3 properties (City Code section 30.7.5).
F. “The project utilizes aesthetic design principles to create attractive buildings and open
space areas that blend with the character of surrounding areas.”: In keeping with the
existing surrounding development, the units have been designed with multiple wall planes,
varying roof lines, and two (2) different exterior materials (lap siding and board and batt).
7.5.c
Packet Pg. 406 Attachment: Proposed Ordinance (3923 : Planned Unit Development Zoning Amendment (Z 21-04))
Ordinance No. 2022-XX
Planned Unit Development Zoning Amendment Z 21-04
City Council Regular Meeting | August 15, 2022
Page 3 of 4
Entry porches are stepped back from the façade of the building.
G. “Not create traffic congestion, noise, odor, or other adverse effect on surrounding areas.”:
The infill project is designed in a consistent manner with the surrounding properties so as
not to create any traffic congestion, noise, odor, or other adverse effect on surrounding
areas.
H. “The project provides adequate access, parking, landscaping, trash areas and storage, as
necessary.”: The project provides adequate access from Gurries Drive and each unit
provides a 2-car garage in addition to driveway parking. The property shares guest parking
(lot to the west) with the development to the north and east, consistent with City Code. The
applicant has requested a “Will Serve” letter from Recology, the City’s waste hauler.
SECTION II
The Planned Unit Development Zoning Amendment (Z 21-04) for property located on
Gurries Drive (APN: 790-35-038, 039, & 054) within the City of Gilroy R3 Medium Density
Residential zoning district is hereby approved subject to the following conditions:
1. The development approval shall be implemented consistent with the plans and
materials submitted for concurrent applications AS 21-14 and TM 21-03.
2. The approval is subject to all, restrictions and requirements established in Gilroy City
Code Section 30.50.26 and 30.50.50 which address modifications, time limits,
violations and revocations, and revisions.
SECTION III
If any section, subsection, subdivision, sentence, clause, or phrase of this Ordinance is for
any reason held to be unconstitutional or otherwise void or invalid by any court of competent
jurisdiction, the validity of the remaining portion of this Ordinance shall not be affected thereby. SECTION IV
Pursuant to section 608 of the Charter of the City of Gilroy, this Ordinance shall be in full
force and effect thirty (30) days from and after the date of its adoption.
7.5.c
Packet Pg. 407 Attachment: Proposed Ordinance (3923 : Planned Unit Development Zoning Amendment (Z 21-04))
Ordinance No. 2022-XX
Planned Unit Development Zoning Amendment Z 21-04
City Council Regular Meeting | August 15, 2022
Page 4 of 4
PASSED AND ADOPTED this 15th day of August, 2022 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED:
Marie Blankley, Mayor
ATTEST:
___________________________
Thai Nam Pham, City Clerk
7.5.c
Packet Pg. 408 Attachment: Proposed Ordinance (3923 : Planned Unit Development Zoning Amendment (Z 21-04))
City of Gilroy
STAFF REPORT
Agenda Item Title: Consideration of Formal Council Position On the Proposed
Sargent Ranch Quarry Project in South Santa Clara County
Meeting Date: August 15, 2022
From: Jimmy Forbis, City Administrator
Department: Community Development Department
Submitted By: Sharon Goei, Community Development Director
Prepared By: Sharon Goei, Community Development Director
Strategic Plan Goals
☐ Develop a Financially
Resilient Organization
☐ Ensure Neighborhood
Equity from City
Services
☐ Promote Economic
Development
Activities
☐ Promote Safe,
Affordable Housing for All
☐ Maintain and Improve
City Infrastructure
RECOMMENDATION
Council consider adopting a formal position on the proposed Sargent Ranch Quarry
Project in South Santa Clara County.
BACKGROUND
At its meeting on April 4, 2022, the City Council requested that the Draft Environmental
Impact Report (Draft EIR, or DEIR) for the Sargent Ranch Quarry Project be agendized
so that Council would have an opportunity to comment on the document and potentially
take a formal position on the project.
7.6
Packet Pg. 409
Brief Project Description
The Sargent Ranch Quarry Project (Project) is a proposed sand and gravel mining
operation that would include construction and operation of ag gregate processing
facilities and related infrastructure such as access/maintenance roads and utilities. The
purpose of the Project is to develop a feasible source of aggregate in close proximity to
the Bay Area to meet regional demand for construction sand.
The Project is located on the Sargent Ranch property, approximately four (4) miles
south of the City of Gilroy, and west of Highway 101, in an unincorporated area of
southern Santa Clara County. See Attachment 1 for the location map. Mining and
processing of the sand and gravel is proposed to take place on approximately 403 acres
of the 5,154-acre Sargent Ranch property.
Mining operations would be conducted in four phases over 30 years. Each phase would
be reclaimed upon completion of mining activities within that phase. At the end of the
Project’s life, final reclamation of the last surface mining phase and the aggregate
processing facility would occur. The Project requires the adoption of a Reclamation Plan
and the issuance of a Conditional Use Permit from Santa Clara County.
This project does not lie within the jurisdiction of the City of Gilroy.
Draft Environmental Impact Report
Santa Clara County has prepared a Draft Environmental Impact Report to evaluate the
Project’s potential for impacts to the environment in accordance with the California
Environmental Quality Act (CEQA) and CEQA Guidelines. On July 22, 2022, Santa
Clara County published the DEIR for the Project for public review. The public comment
period opens on July 25, 2022 and closes on September 26, 2022. The digital DEIR can
be found on the County project website: https://plandev.sccgov.org/policies-
programs/smara/sargent. A hard copy is available at the Gilroy Public Library. Public
comments submitted to the County by September 26, 2022, will be included and
responded to in the Final EIR.
ANALYSIS
The DEIR provides a detailed analysis of the proposed Project’s potentially significant
effect on the environment. Under CEQA, a significant effect on the environment is
defined as a substantial, or potentially substantial, adverse change in any of the
physical conditions within the area affected by the Project.
Based on the analysis in the DEIR, the Project wou ld result in significant impacts in the
following areas: aesthetics, air quality, biological resources, cultural and tribal cultural
resources, geology and soils, paleontological resources, greenhouse gas emissions,
hazards and hazardous materials, hydrology and water quality, and transportation.
7.6
Packet Pg. 410
Consistent with CEQA and CEQA Guidelines, the DEIR describes feasible mitigation
measures to avoid or minimize significant adverse effects of the Project. While the DEIR
has identified mitigation measures to eliminate or reduce some of the impacts to a less-
than-significant level, other impacts remain significant even with the implementation of
mitigation measures and are considered unavoidable adverse impacts of the Project.
Attachment 2 is an excerpt from the DEIR, “Summary of Impacts and Mitigation
Measures,” that provides a summary of the environmental impacts, the significance of
the impacts, proposed mitigation measures if any, and the significance of the impacts
after implementation of the mitigation measures.
Significant and Unavoidable Impacts
Based on the DEIR, the following significant and unavoidable impacts would result from
the Project.
1. Aesthetics: The Project would have a significant and unavoidable impact with
regards to its effect on existing visual character or quality of public views of the
site and its surroundings from U.S. 101, a County-designated scenic highway
(Impact 3.2-1). Mitigation Measure 3.2-1 would lessen the severity of these
impacts but not below the level of significance.
2. Air Quality: The Project would have a significant and unavoidable impact with
regards to its effect on BAAQMD nitrogen oxides (NOx) thresholds and emissions
of air pollutants (NOx, ROG, PM2.5, and PM10). Mitigation Measures 3.3-2a and
3.3-2b would reduce NOx thresholds but emissions of NOx would not be reduced
below significance thresholds for project-specific or cumulative impacts (Impacts
3.3-1, 3.3-2 and 3.3-5).
3. Biological Resources: The Project would have a significant and unavoidable
impact with regards to the Project’s interference with wildlife movement (Impact
3.4-15). Mitigation Measure 3.4-15 would reduce this impact but not below the
thresholds of significance.
4. Cultural and Tribal Cultural Resources: The Project would have a significant
and unavoidable impact with regards to changes in the significance of tribal
cultural resources within the proposed area of development, and the Juristac
(Huris-tak) Tribal Cultural Landscape (Impacts 3.5-4,3.5-5, and 3.5-9). Mitigation
Measures 3.5-1, 3.5-3b, 3.5-4b and 3.5-5b would reduce the severity of these
impacts, but not to a less-than-significant level.
5. Geology, Soils, and Paleontology: The Project would have a significant and
unavoidable impact with regards to the Project’s potential to destroy
paleontological resources important to Santa Clara County (Impact 3.7 -5).
Mitigation Measure 3.7-5 would not reduce impacts to a level of insignificance.
7.6
Packet Pg. 411
6. Transportation: The Project would have a significant and unavoidable impact
with regards to the Project’s generation of additional Vehicle Miles Traveled
(VMT), and no feasible mitigation is identified to reduce the impact (Impact 3.13 -
2).
Irreversible Impacts
An irreversible impact is defined by CEQA Guidelines as an impact that uses
nonrenewable resources during the initial and continuing phases of the project. Based
on the DEIR, buildout of the Project would commit nonrenewable resources during
Project construction and ongoing utility services during Project operations. Some oil,
gas, other fossil fuels, and nonrenewable resources would be consumed during Project
operations and irreversible commitments of small quantities of nonrenewable resources
would occur as a result of long-term Project operations. Irreversible extraction and
consumption of aggregate material mined from the Project site would also occur as a
result of Project operations.
Areas of Concern
The County has identified the primary areas of concerns to include the loss of biological
habitat and compensatory mitigation, and the loss of cultural and tribal cultural
resources, particularly those of importance to the Amah Mutsun Tribe of
Costanoan/Ohlone Indians. Sargent Ranch is an area known as Juristac (Huris-tak) to
the Amah Mutsun Tribal Band. Juristac lies at the heart of the ancestral lands o f the
Amah Mutsun Tribe and is the location of ceremonial and sacred sites.
Options
The City Council has several options to consider regarding commenting on the DEIR
and/or electing to express its position on the Project. Council may take the following
action(s):
• Comment, or decline to comment, on the Draft EIR.
• Indicate support or opposition to the Project, and authorize the Mayor, or
designee, to submit a letter to Santa Clara County.
• Indicate support or opposition to the Project, and direct staff to prepare a
resolution for Council consideration and adoption in September 2022.
• Take no action.
For reference, the Cities of Morgan Hill, Santa Cruz, Santa Clara, and Sunnyvale have
each adopted a resolution in opposition to the Project. The resolutions ar e included as
Attachments 3 through 6.
NEXT STEPS
7.6
Packet Pg. 412
Dependent on Council direction.
PUBLIC OUTREACH
Santa Clara County is the Lead Agency for the Project. Staff of the County’s
Department of Planning and Development is conducting the public outreach ef fort. City
staff has signed up for public notifications about this project.
Attachments:
1. Attachment 1 - Sargent Ranch Location Map
2. Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures
3. City of Morgan Hill Resolution Supporting the Preservation of Sargent
Ranch/Juristac as Open Space
4. City of Santa Cruz Resolution Supporting the Preservation of Sargent
Ranch/Juristac as Open Space
5. City of Santa Clara Resolution Supporting the Preservation of Sargent
Ranch/Juristac as Open Space
6. City of Sunnyvale Resolution Supporting the Preservation of Sargent Ranch/Juristac
as Open Space
7. Correspondence - Rogers, Connie
7.6
Packet Pg. 413
City of Gilroy
TM 22-01, Z 22-01, AS 22-01
Location Map
Date:6/28/2022Drawn By:4,000 Lynx GIS Checked By:Miguel Contreras1:Sheet:1:1Scale:
7.6.a
Packet Pg. 414 Attachment: Location Map (3922 : 700 West 6th St.19-lot Zoning Amendment)
City of Gilroy
STAFF REPORT
Agenda Item Title: Approval of a Zoning Amendment and Tentative Map for 700 W
6th St. Residential Subdivision Project
Meeting Date: August 1, 2022
From: Jimmy Forbis, City Administrator
Department: Community Development Department
Submitted By: Sharon Goei, Community Development Director
Prepared By: Miguel Contreras, Planner I
Strategic Plan Goals
☐ Develop a Financially
Resilient Organization
☐ Ensure Neighborhood
Equity from City
Services
☐ Promote Economic
Development
Activities
☐ Promote Safe,
Affordable Housing for All
☐ Maintain and Improve
City Infrastructure
RECOMMENDATION
a) Motion to read the ordinance by title only and waive further reading (Z22-01).
b) Introduce an Ordinance of the City Council approving Zoning Amendment
application Z 22-01 to redesignate a 3.7 acre site from Professional Office (PO)
Zone to Single Family (R1) Zone, consistent with the 2040 General Plan.
c) Adopt a Resolution approving Tentative Map application TM 22-01 to subdivide
the property into 19 single family residential lots.
BACKGROUND
Surrounding Land Uses: The property is designated for residential development and
within an established low density single-family residential neighborhood. The land use
designation was changed in the 2040 General Plan adopted November 2020. The site
7.6.b
Packet Pg. 415 Attachment: August 1, 2022 Staff Report (3922 : 700 West 6th St.19-lot Zoning Amendment)
has contained medical office uses for many years that were supported by the historic
former hospital building at 651 W 6th Street. The hospital closed in 1989 and converted
to senior housing, operated by South County Housing as Wheeler Manor.
Planning Commission Recommendation: On July 7, 2022, the Planning Commission
held a public hearing on the project. A motion was made to continue the hearing on the
tentative map to the next meeting, due to the July 4th holiday. This motion failed for lack
of a second and the Commission proceeded with conduct ing the public hearing.
After closing the public hearing the Commission moved to adopt Resolution 2022 -12
recommending City Council approval of the rezoning, which passed by unanimous vote.
The Commission then moved to adopt Resolution 2022-13, which passed on a vote of
6-1. The Commission action included a revised condition that the London Plane street
tree be changed to a less invasive street tree. The Commissioner voting in opposition to
this motion had requested that a gate be required to restrict access from the public
street along the west side of the site. The gate was requested by a neighbor to address
potential transiency in the adjacent open space area.
More detailed discussion of the project can be found in the attached July 7, 2022
Planning Commission Staff report, and the Commission resolutions are attached. A link
to meeting video is also available, which begins at minute 0:36:00 through 1:15:16:
http://gilroyca.iqm2.com/Citizens/SplitView.aspx?Mode=Video&MeetingID=2083&Minut
esID=1883&FileFormat=doc&Format=Minutes&MediaFileFormat=mpeg4
Environmental Assessment: Pursuant to Section 15332 of the California
Environmental Quality Act Guidelines the project is exempt from the provisions of CEQA
and does not require preparation of environmental documents for the following reasons:
i. The proposed residential redevelopment will occur on an urban infill site less
than 5 acres in size, which is located in an existing residential area;
ii. The site can be adequately served by all required utilities and public services,
and would provide required roadway and other improvements to comply with
stormwater requirements, and city street standards which includes bicycle lanes,
sidewalks, street trees, curb and gutter improvement;
iii. The project is consistent with the Gilroy 2040 General Plan residential land use
designation which is intended for R1 single family residential development;
iv. The site is currently developed and has no habitat value; and
v. The project would not result in significant traffic, noise, air quality or water quality
impacts beyond that studied and anticipated for the residential area under the
2040 General Plan EIR. Traffic generated by the residential use will be less than
100 daily trips which is less than the traffic generated from the current office use.
ANALYSIS:
7.6.b
Packet Pg. 416 Attachment: August 1, 2022 Staff Report (3922 : 700 West 6th St.19-lot Zoning Amendment)
Project Description: The applicant requests approval of zone change application Z 22-
01 to rezone a 3.70-acre site from Professional Offices (PO) to Single Family
Residential (R1) and vesting tentative map application TM 22 -01 to subdivide a 3.70-
acre site into 19 single family residential lots, 0.26 acre open space area for stormwater
treatment and 0.35 acres for a private street and cul-de-sac. Applicant is Drew
Walstrum, Warmington Residential. Property owner is M. Bakri Musa, Gilroy
Professional Group, LLC. Assessor Parcel No.: 799-26-033; 799-26-037; 799-26-049;
799-26-050, -051, & -052.
Administrative-level Architectural and Site Review permit AS 22-01 has also been
submitted. This review is required to permit construction of four or more new single-
family homes when proposed by a single builder. Review is conducted to ensure
variation in design, consistency in design quality and to review common site
improvements. An AS application is not otherwise required to develop one single family
residential lot. The AS application will be approved by staff following approval of TM 22 -
01 and Z 22-01.
General Plan Consistency: The 2040 General Plan designation for the property is Low
Density Residential which allows a density of 3-8 dwelling units per net acre. The
project would result in a residential density of approximately 6.1 dwelling units per acre.
The proposed subdivision, layout, and architectural design meets the findings for
approval and is consistent with the Gilroy 2040 General Plan goals and policies, as
discussed in the attached consistency table.
Zoning Amendment Analysis: The Zoning Amendment is supported and appropriate
as it implements the 2040 General Plan Low Density Residential land use designation,
which allows for R1 single family residential zoning or R2 duplex zoning, at 3 to 8 units
per net acre. R1 single-family zoning and development is supported as the appropriate
zone for the site. The alternative R2 duplex zoning typically is applied to areas where it
provides a transition between single-family and multi-family neighborhoods. Thus, R2
zoning is not recommended for this location as the site is surrounded by R1 zoning on
all sides. Findings for approval of the zoning amendment have been included in the
attached Ordinance Z 22-01.
Tentative Map Analysis: Residential subdivisions must comply with the Gilroy City
Code (GCC), including but not limited to Chapter 21 (Subdivisions and Land
Development). The (Vesting) Tentative Map is required subdivide the site into 19
residential lots. This request implements the proposed zoning with residential lot sizes
of 6,660 square feet or greater and a density of 6.1 units per net acre. Further, the
proposed development would result in an orderly and efficient residenti al development
pattern, which includes roadways, sidewalks and improvements that comply with City
standards.
The project is supported and not subject to the findings required for denial pursuant to
the state Subdivision Map Act, Government Code Section 66474. The required findings
7.6.b
Packet Pg. 417 Attachment: August 1, 2022 Staff Report (3922 : 700 West 6th St.19-lot Zoning Amendment)
and necessary conditions of approval have been prepared in conformance with City
Code and are included in the draft Council Resolution (TM 22-01).
ALTERNATIVES
The City Council may modify or deny the requested applications. Staff does not
recommend denial without making findings as required by the Government Code to
deny a tentative map.
FISCAL IMPACT/FUNDING SOURCE
The applicant has paid all planning costs associated with the project. The project will
also require payment of all associated building permit fees and development impact
fees for citywide improvements as applicable.
CONCLUSION
The Planning Commission recommends that the City Council adopt an Ordinance
approving the Planned Unit Development Zoning Amendment for reduced setbacks,
and adopt a Resolution approving the Tentative Map for the residential development
project.
NEXT STEPS
Upon approval of the recommended actions, the ordinance shall be scheduled for
second reading at the next City Council meeting and shall become effective 30 days
from adoption. Staff will take separate action on the architectural and site review permit.
The developer may proceed with the project by submitting a final map within two years
of approval. The City Council must review and approve the subsequent final map prior
to its recordation. Upon completion of the final map, the developer may proceed to
construction.
PUBLIC OUTREACH/COMMENT
This application has been properly noticed and processed in compliance with applicable
laws and Gilroy City Code. On July 22, 2022, notice of the City Council hearing was
published in the Gilroy Dispatch and mailed to property owners within 500 feet of the
subject site. In addition, City Council public hearing packets are available through the
City's webpage.
The Planning Commission received and considered written and verbal testimony at the
meeting prior to taking an action. Copies of the written comments submitted to the
Planning Commission are attached, including written comment from local bicycle
advocacy. One neighbor asked if a lockable gate could be provided along Parcel B to
control transiency issues, and raised questions about hours of construction and air
quality measures. Another neighbor asked about additional traffic on the roadway,
7.6.b
Packet Pg. 418 Attachment: August 1, 2022 Staff Report (3922 : 700 West 6th St.19-lot Zoning Amendment)
future status of the traffic barrier onto Princevalle, construction start and duration, and
tree removal. These questions were addressed at the meeting.
Attachments:
1. Location Map
2. Tentative Map
3. Landscape Plans
4. Architectural Plans
5. General Plan Compliance Table
6. Public Comments
7. PC Resolution 2022-12 - Z 22-01 - signed
8. PC Resolution 2022-13-TM 22-01 - signed
9. PC Staff Report July 7 2022
10. CC Ordinance Z 22-01
11. CC Resolution TM 22-01
12. Exhibit A - Conditions of Approval for TM 22-01
7.6.b
Packet Pg. 419 Attachment: August 1, 2022 Staff Report (3922 : 700 West 6th St.19-lot Zoning Amendment)
ORDINANCE NO. 2022-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING A ZONING MAP AMENDMENT (Z 22-01) FOR PROPERTY
LOCATED ON 700 WEST 6th STREET APN: 799-26-033, 037, 049, 050, 051,
& 052)
WHEREAS, on May 11, 2022 an application submitted by Warmington Residential
requesting a zoning map amendment (Z 22-01) was accepted as complete for the 3.70 acre site
located on 700 W 6th Street; and
WHEREAS, On November 2, 2020 the Gilroy City Council adopted the Gilroy 2040
General Plan after certifying an EIR for the plan and whereas the General Plan EIR reviewed all
of the topics included on the Appendix G environmental checklist in the State CEQA Guidelines
as well as all sections required to be included in an EIR; and
WHEREAS, the proposed request to change the zoning designation for the subject site
from Professional Offices (PO) to Single Family Residential (R1) would be in conformance with
the 2040 General Plan low density residential land use designation and applicable goals and
policies; and
WHEREAS, the project has been determined to be exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15332 of the California Environmental
Quality Act Guidelines the project is exempt from the provisions of CEQA and does not require
preparation of environmental documents as the proposed residential redevelopment will occur on
an urban infill site less than 5 acres in size, which can be adequately served by all required utilities
and public services, and that is consistent with the Gilroy 2040 General Plan residential land use
designation; and
WHEREAS, the Planning Commission held a duly noticed public meeting on July 7, 2022,
at which time the Planning Commission received and considered the staff report as well as all
evidence received including written and oral public testimony related to the project Z 22-01; and
WHEREAS, the Planning Commission of the City of Gilroy determined that the proposed
Zoning Map Amendment meets the findings for approval and recommended that the City Council
approve application Z 22-01.
WHEREAS, the City Council held a duly noticed public hearing on August 1, 2022, at
which time the City Council received and considered the staff report as well as all evidence
received including written and oral public testimony related to the project Z 22-01; and
WHEREAS, the location and custodian of the documents or other materials which
constitute the record of proceedings upon which the project approval is based is the Commun ity
Development Department, Planning Division.
7.6.c
Packet Pg. 420 Attachment: Proposed Ordinance (3922 : 700 West 6th St.19-lot Zoning Amendment)
Ordinance No. 2022-XX
Zoning Map Amendment Z 22-01
City Council Regular Meeting | August 15, 2022
Page 2 of 3
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
The City Council finds that:
A. “The zoning map amendment conforms to the Gilroy General Plan.” The proposed R1
zone and density implement the Low Density General Plan land use designation, which
primarily allows for single-family residential development.
B. “The project provides the type of development that will fill a specific need of the
surrounding area.” The land use designation allows for single-family or duplex residential
development at density of 3 to 8 units per acre. Residential rezoning to R1 single family is
appropriate for this site as it will continue the existing single family residential
neighborhood development pattern in the neighborhood, at a density of 6.1 units per net
acre.
C. “The project will not require urban services beyond those that are currently available.”
All utilities needed to serve the project are located adjacent to the property.
D. “The project reflects an economical and efficient pattern of land uses.” The project
proposes an economical and efficient pattern of land uses by developing the full potential
of the allowed density of the low density land use designation, and promotes an orderly
pattern of development.
SECTION II
If any section, subsection, subdivision, sentence, clause, or phrase of this Ordinance is for
any reason held to be unconstitutional or otherwise void or invalid by any court o f competent
jurisdiction, the validity of the remaining portion of this Ordinance shall not be affected thereby.
SECTION III
Pursuant to section 608 of the Charter of the City of Gilroy, this Ordinance shall be in full
force and effect thirty (30) days from and after the date of its adoption.
7.6.c
Packet Pg. 421 Attachment: Proposed Ordinance (3922 : 700 West 6th St.19-lot Zoning Amendment)
Ordinance No. 2022-XX
Zoning Map Amendment Z 22-01
City Council Regular Meeting | August 15, 2022
Page 3 of 3
PASSED AND ADOPTED this 15th day of August, 2022 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED:
________________________________
Marie Blankley, Mayor
ATTEST:
____________________________
Thai Nam Pham, City Clerk
7.6.c
Packet Pg. 422 Attachment: Proposed Ordinance (3922 : 700 West 6th St.19-lot Zoning Amendment)
City of Gilroy
STAFF REPORT
Agenda Item Title: Establishment of Application Fees for Flying a
Commemorative Flag at City Hall
Meeting Date: August 15, 2022
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted By: Jimmy Forbis, City Administrator
Prepared By: Bryce Atkins, Senior Management Analyst
Strategic Plan Goals
Develop a Financially
Resilient Organization
☐ Ensure Neighborhood
Equity from City
Services
☐ Promote Economic
Development
Activities
☐ Promote Safe,
Affordable Housing for All
☐ Maintain and Improve
City Infrastructure
RECOMMENDATION
Council adopt the resolution to establish an application fee for flying commemorative
flags at City Hall.
BACKGROUND
At the February 7, 2021 Regular Meeting of the City Council, Council adopted the
amended and restated Flying Flags at City Facilities Policy. As part of that policy,
Section V(a)(7) states that the application fee shall be determined and then updated
and maintained as part of the master fee scheduled.
ANALYSIS
7.7
Packet Pg. 423
This item is to establish the fee amount for the first application period. The City’s current
cost recovery ordinance establishes a 100% cost recovery rate for this program. The
proposed fee is based on the fully burdened hourly rate s1 for the positions involved, and
the number of hours for the work associated with review of the 150 signatures from the
application, and the cost of the collection and review of applications by the
Administration Department.
According to Council policy, should an applicant submit a request in successive years,
signatures are not required in the second year, thus there are two fees to be
established, one for years with signature verification and one without.
The basis for these two fee amounts is demonstrated below:
Application Fee with Signature Verification
Position Personnel Hours
Per Application
Fully Burdened Hourly
Rate Total
City Clerk 3.75 $140.65 $527.44
Management Analyst 0.25 $100.10 $25.03
Application Fee Amount with Signatures (rounded) $552.00
Application Fee without Signature Verification
Position Personnel Hours
Per Application
Fully Burdened Hourly
Rate Total
Management Analyst 0.25 $100.10 $25.03
Application Fee Amount without Signatures (rounded) $25.00
The costs for Public Works staff to raise and lower the flag without a ceremony is a
minimal additional effort. However, any additional Public Works staff time for a flag
raising during a ceremony will be collected as part of the Encroachment and/or Special
Event Permit fees, based upon the plan for the ceremony, and how much time is
approved for the employee to stay on-site during the ceremony until the flag has been
raised.
ALTERNATIVES
Council may choose to approve, modify, or reject the proposed resolution establishing
the fee.
1 The Fully Burdened Hourly Rates were adopted by the City Council in adopting the User Fee Update.
These rates include the employee’s compensation, but also the employer’s cost, and acceptable
equipment, supplies, and oversight costs as permitted by law.
7.7
Packet Pg. 424
FISCAL IMPACT/FUNDING SOURCE
A net neutral cost is anticipated, as the fee amounts should cover the full cost
associated with processing the applications. Any costs associated with any proposed
events will be recovered through those respective permit applications to have the
events on City property.
CONCLUSION
Consistent with Council policy, the fee amount proposed would facilitate full cost
recovery associated with the flying of commemorative flags per the City’s policies.
NEXT STEPS
If adopted, staff will include the fee amounts on the fee schedule, as well as the flag
flying application. The fee amount will be adjusted annually consistent with the user fee
schedule and policy direction of the Council.
PUBLIC OUTREACH
The item has been noticed on the publicly posted City Council Agenda. The user fee
schedule that is publicly available shall incorporate the new fee. The fee amount will be
included on the application and outreach material with the opening of the application
period for commemorative flags to be flown in the 2023 calendar year.
Attachments:
1. Draft Resolution - Flag Flying Fee Establishment
2. Exhibit A - Fee Amounts
7.7
Packet Pg. 425
7.7.a
Packet Pg. 426 Attachment: Fig 1 Vicinity Map (3809 : NOC Tract 10345 Montonico Tract Acceptance)
RECORDING REQUESTED BY
City of Gilroy
WHEN RECORDED, MAIL TO:
Shawna Freels
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
23939464
Regina Alcomendras
Santa Clara County - Clerk- Recorder
05/23/2018 10:56 AM
Titles: 1 Pages: 22
Fees: 168.00
Taxes: 0
Total: 1168-00
SPACE ABOVE THIS LINE FOR RECORDER'S USE)
Property Improvement Agreement No. 2018 -03
MONTONICO —Tract 10345
APN: 808 -18 -018 (portion)
CalAtlantic Group, Inc., a Delaware Corporation
7/25/2017
f
7.7.b
Packet Pg. 427 Attachment: Fig 2 PIA (3809 : NOC Tract 10345 Montonico Tract Acceptance)
PROPERTY IMPROVEMENT AGREEMENT
RESIDENTIAL
AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS:
IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM
DRAINS AND OTHER PUBLIC WORKS FACILITIES
Property Improvement Agreement No. 2018 -03
This Property Improvement Agreement ( "Agreement ") is made and entered into this 26th day of
February, 018, by and between the City of Gilroy, a municipal corporation, herein called the "City,"
and CalAltantic Group, Inc. a Delaware Corporation, herein called the "Developer ".
WHEREAS, a final map of subdivision, record of survey or building permit (Site Clearance)
application has now been submitted to the City for approval and acceptance, covering certain real estate
and property improvements known as and called: Montonico Tract 10345, APN: 808 -18 -018 (portion), a
legal description of which is attached hereto and incorporated herein as Exhibit "A" (the "Property "),
and as described in the project improvement plans entitled Montonico Tract - 10345.
WHEREAS, the Developer is the fee owner of the Property and requires certain utilities and
public works facilities in order to service the Property under the minimum standards established by the
City and,
WHEREAS, the City, by and through its City Council, has enacted certain Codes, Ordinances
and Resolutions and certain Rules and Regulations have been promulgated concerning the subject matter
of this Agreement and,
WHEREAS, the City has certain responsibilities for maintenance and operation of such utilities
and public service facilities after acceptance by City, and for providing the necessary connecting system,
general plant and appurtenances, and the City is agreeing to discharge those responsibilities, provided
that Developer has faithfully and fully complied with all of the terms, covenants; conditions to be
performed by Developer pursuant to this Agreement.
NOW THEREFORE, in consideration of the foregoing premises and in order to carry on the
intent and purpose of said Codes, Ordinances, Resolutions and Regulations and established policies of
the City and the laws of the State of California and the United States of America it is agreed by and
between the parties as follows:
SECTION 1
That all Codes, Ordinances, Resolutions, Rules and Regulations and established policies of the City and
the laws of the State of California and the United States of America concerning the subject matter of this
Agreement are hereby referred to and incorporated herein to the same effect as if they were set out at
length herein. Said Codes, Ordinances, Resolutions, Rule and Regulations include, but are not limited
to, the following: the Code of the City of Gilroy, the current Zoning Ordinance, and the currently
adopted Uniform Building Code.
2- 7/25/2017
7.7.b
Packet Pg. 428 Attachment: Fig 2 PIA (3809 : NOC Tract 10345 Montonico Tract Acceptance)
CFCT1nN '7
The Developer agrees:
a. To perform each and every provision required by the City to be performed by the Developer in each
and every one of said Codes, Ordinances, Resolution, Rules and other Regulations and established
policies of the City and the laws of the State of California and the United States of America,
including without limitation, the California Labor Code and California Public Contract Code.
Developer further agrees and acknowledges that it is its obligation to determine whether, and to what
extent, the work performed under this Agreement is subject to any Codes, Ordinances, Resolutions,
Rules and other Regulations and established policies of the City and the laws of the State of
California, the United States of America, the California Labor Code and Public Contract Code
relating to public contracting and prevailing wage laws.
b. To grant to the City without charge, free and clear of encu nbrances, any and all easements and
rights of way in and to the Property necessary for the City in order that its water, electricity, and /or
sewer lines in or to said Property may be extended.
c. To indemnify, defend with counsel of City's choice and hold the City free and harmless from all
suits, fees, claims, demands, causes of action, costs, losses, damages, liabilities and expenses
including without limitation attorneys' fees) incurred by City in connection with (i) any damage
done to any utility, public facility or other material or installation of the City on said Property which
the Developer or any contractor or subcontractor of the Developer, or any employee of the
foregoing, shall do in grading or working upon said Property; or (ii) arising or resulting directly or
indirectly from any act or omission of Developer or Developer's contractors, or subcontractors, or
any employee of the foregoing in connection with the work performed by them in connection with
this Agreement, including without limitation all claims relating to injury or death of any person or
damage to any property.
d. To construct and improve all public works facilities and other improvements described in this
Agreement and the improvement plans submitted to the City of Gilroy in furtherance of this
Agreement on file with the City of Gilroy. All construction and improvements shall be completed in
accordance with all standards established in the Codes, Ordinances, Resolutions, Rules and
Regulations and established policies of the City and the laws of the State of California and the
United States of America and this agreement, and in accordance with the grades, plans, and
specifications approved by the City Engineer. Developer shall furnish two good and sufficient
bonds, a Payment Bond on a form provided by the City and a Faithful Performance Bond, both of
which shall be secured from a surety company admitted to do business in California. Each bond shall
set forth a time period for performance by the contractor of its obligations and the terns and
conditions on which the City may obtain the proceeds of the bond.
The Faithful Performance Bond shall be in an amount not less than one hundred percent (100 %) of
the total estimated amount payable for the improvements described in this Agreement, and shall
secure payment to City and the Developer of any loss due to the default of the contractor or its
inability or refusal to perform its contract. The performance bond shall by its terms remain in full
force and effect for a period of not less than one year after completion of the improvements by
Developer and acceptance of the improvements by City, to guarantee the repair and replacement of
defective material and faulty workmanship. Upon completion of the improvements by Developer
and acceptance of the improvements by City, Developer may substitute for the performance bond
securing maintenance described above, a separate maintenance bond issued by an admitted surety in
3- 7/25/2017
7.7.b
Packet Pg. 429 Attachment: Fig 2 PIA (3809 : NOC Tract 10345 Montonico Tract Acceptance)
the amount of ten percent (10 %) of the total contract price of the improvements (provided that the
amount of said bond shall not be less than One Thousand Dollars ($1,000) to cover the one -year
maintenance period.
The Payment Bond shall be in an amount not less than one hundred percent (100 %) of the total
estimated arnount payable for the improvements described in this Agreement. The Payment Bond
shall secure the payment of those persons or entities to whom the Developer may become legally
indebted for labor, materials, tools, equipment or services of any kind used or employed by the
contractor or subcontractor in performing the work, or taxes or amounts to be withheld thereon. The
Payment Bond shall provide that the surety will pay the following amounts should the Contractor or
a Subcontractor fail to pay the same, plus reasonable attorneys' fees to be fixed by the court if suit is
brought upon the bond: (1) amounts due to any of the persons named in California Civil Code
Section 9100; (2) amounts due under the Unemployment Insurance Code with respect to work or
labor performed for the improvements described in this Agreement; and (3) any amounts required to
be deducted, withheld, and paid over to the Employment Development Department from the wages
of employees of the Contractor and Subcontractors pursuant to Section 13020 of the Unemployment
Insurance Code with respect to the work and labor. The Payment Bond shall, by its terms, inure to
the benefit of any of the persons named in Civil Code Section 3181 so as to give a right of action to
those persons or their assigns in any suit brought upon the bond.
Simultaneously with the submission of its building permit application (Site Clearance), the
Developer shall submit the following for both the surety that furnishes the Payment Bond and the
surety that furnishes the Faithful. Performance Bond: (1) a current printout from California
Department of Insurance's website (www.insurance.ca.gov) showing that the surety is admitted to
do business in the State; or (2) a certificate from the Clerk of the County of Santa Clara that the
surety's certificate of authority has not been surrendered, revoked, canceled, annulled, or suspended
or in the event that it has, that renewed authority has been granted.
e. Except as otherwise expressly provided in this Agreement, all plan check and inspection fees which
are payable by Developer pursuant to the attached comprehensive fee schedule are due and payable
to the City prior to Council approval of the final map of the subdivision. Upon approval of the
record of survey or the building per nit covering the real estate to be improved and before any work
is done therein, the Developer shall pay to the City all other sums payable by Developer pursuant to
the attached comprehensive fee schedule.
f. At all times during the tern of this Agreement and until the improvements constructed by Developer
are accepted by City, Developer shall, at no cost to City obtain and maintain (a) a policy of general
liability, and property damage insurance in the minimum amount of One Million Dollars
1,000,000), combined single limit for both bodily injury and property damage; (b) workers'
compensation insurance as required by law; and (c) broad form "Builder's Risk" property damage
insurance with limits of not less than 100% of the estimated value of the improvements to be
constructed by Developer pursuant to this Agreement.
All such policies shall provide that thirty (30) days written notice must be given in advance to City
prior to termination, cancellation or modification. The insurance specified in (a) above shall name
City as an additional insured and the insurance specified in (c) shall name City as a loss payee, and
shall provide that City, although an additional insured or loss payee, may recover for any loss
suffered by reason of the acts or omissions of Developer or Developer's contractors or
subcontractors or their respective employees. Developer hereby waives, and Developer shall cause
each of its contractors and subcontractors to waive, all rights to recover against City for any loss or
4- 7/25/2017
7.7.b
Packet Pg. 430 Attachment: Fig 2 PIA (3809 : NOC Tract 10345 Montonico Tract Acceptance)
damage arising from a cause covered by the insurance required to be carried pursuant to this
Agreement or actually carried by Developer in connection with the work described in this
Agreement, and will cause each insurer to waive all rights of subrogation against City in connection
therewith. All policies shall be written on an occurrence basis and not on a claims made basis and
shall be issued by insurance companies acceptable to City. Prior to commencing any work pursuant
this Agreement, Developer shall deliver to City the insurance company's certificate evidencing the
required coverage, or if required by City a copy of the policies obtained.
SECTION I
That all the provisions of this Agreement and all work to be done pursuant to the terms of this
Agreement are to be completed to City's satisfaction within one year from and after the date and year of
this Agreement first above written. Developer shall maintain such public works facilities and other
improvements described in this Agreement at Developer's sole cost and expense at all times prior to
acceptance by City in a manner which will preclude any hazard to life or health or damage to property.
SECTION 4
That the faithful and prompt performance by the Developer of each and every tern and condition
contained herein is made an express condition precedent to the duty of the City to perform any act in
connection with this transaction, and the failure, neglect or refusal of the Developer to so perform, or to
pay any monies due hereunder when due shall release the City from any and all obligations hereunder
and the City, at its election, may enforce the performance of any provision herein, or any right accruing
to the City or may pursue any remedy whatsoever it may have under applicable laws or the Codes,
Ordinances, Resolutions, Rules and Regulations of the City, in the event of any such default by
Developer.
SECTION 5
That this Agreement, including without limitation the general stipulations outlined in Section 6 below,
is an instrument affecting the title or possession of the real property and runs with the land. Except as
expressly provided in the second sentence of Item 9 of the general stipulations set forth in Section 6
below (relating to the payment of reimbursement to the original Developer named in this Agreement),
all the terms, covenants and conditions herein imposed shall be binding upon and inure to the benefit of
City, Developer, the successors in interest of Developer, their respective successors and permitted
assigns and all subsequent fees owners of the Property. The obligations of the Developer under this
Agreement shall be the joint and several obligations of each and all of the parties comprising Developer,
if Developer consists of more than one individual and /or entity. Upon the sale or division of the
Property, the terms of this Agreement shall apply separately to each parcel and the fee owners of each
parcel shall succeed to the obligations imposed on Developer by this Agreement.
SECTION 6
That the following general stipulations shall be completed subject to the approval of the Public
Works Director /City Engineer.
2. The Project shall comply with all Tentative Map conditions and applicable mitigation measures as
contained in City Council Resolution 2016 -01 (TM 15 -01 approval).
5- 7/25/2017
7.7.b
Packet Pg. 431 Attachment: Fig 2 PIA (3809 : NOC Tract 10345 Montonico Tract Acceptance)
3. All work within the public right -of -way shall be subject to the approval of the City Engineer.
4. The Developer shall perform all work in compliance with the City of Gilroy Specifications
Standards Design Criteria, Glen Loma Development Agreement and Glen Loma Specific Use
District and is subject to all laws of this community by reference. Street improvements and the
design of all storm drainage, sewer lines, and all street sections shall be in accordance with City
Standards and Glen Loma Specific Plan, Glen Loma Development Agreement and Glen Loma
Backbone Plans and shall follow the most current City Master plan for streets and each utility.
5. The developer shall defend, indemnify, and hold harmless the City, its City Council, Planning
Commission, agents, officers, and employees from any claim, action, or proceeding against the City
or its City Council, Planning Commission, agents, officer, and employees to attack, set aside, void,
or annul an approval of the City, City Council, Planning Commission, or other board, advisory
agency, or legislative claim, action, or proceeding against it, and will cooperate fully in the defense.
This condition is imposed pursuant to California Government Code Section 66474.9.
6. No occupancy permit shall be issued in connection with this project if the owner or developer of
such development (i) is not in compliance with the City's Residential Development Ordinance (City
Zoning Ordinance Sections 50.60 et seq.) referred to as the RDO, any conditions of approval issued
in connection with such development or other City requirements applicable to such development; or
ii) is in default under any agreement entered into with the City in connection with such
development pursuant to the RDO. The project must also comply with any of condition of
exemption granted from the RDO, including but not limited to time limits in obtaining City
approvals and completion of construction of the dwelling units.
7. The City shall be notified at least two (2) working days prior to the start of any construction work
and at that time the contractor shall provide a project schedule and a 24 -hour emergency telephone
number list.
8. At least one week prior to commencement of work, the developer shall post the site and mail to
owners of property within (500') five hundred feet of the exterior boundary of the project site, to
the homeowner associations of nearby residential projects and to the Engineering Division, a notice
that construction work will commence on or around the stated date. The notice shall include a list of
contact persons with name, title, phone number and area of responsibility. The person responsible
for maintaining the list shall be included. The list shall be current at all times and shall consist of
persons with authority to initiate corrective action in their area of responsibility. The names of
individuals responsible for dust, noise and litter control shall be expressly identified in the notice.
9. If the developer proposes to phase construction with building occupancy, the developer shall create,
for City Engineer approval prior to first occupancy, a construction staging plan that addresses the
ingress and egress location for all construction vehicles, parking and material storage area separate
from occupied residential units.
10. Locate and properly dispose of any wells, septic tanks and underground fuel storage facilities.
NOTE: The capping of any well will require inspection by the Santa Clara Valley Water District.
11. Schedule the construction of improvements along existing public roads so that the work affecting
vehicular traffic is completed with a minimum interruption to traffic.
6- 7/25/2017
7.7.b
Packet Pg. 432 Attachment: Fig 2 PIA (3809 : NOC Tract 10345 Montonico Tract Acceptance)
12. All work shall be coordinated so that the existing residents on all adjacent streets have access to
their properties.
13. Before construction utilizing combustible materials may proceed, an all- weather access must be
provided to within 150 feet of the building site; and at least one in service fire hydrant or other
water source acceptable to the Fire Marshal must be available within 150 feet of each portion of the
site wherein this construction is to take place. Location of the fire hydrants will be determined by
the Fire Chief.
14. A complete construction schedule, which shall include a detailed phasing plan (including traffic
control for each proposed phase), shall be submitted and approved by the City Engineer prior to
start of construction. Any deviation from the approved construction schedule and phasing plan shall
be coordinated with the City Engineer. Deviating from the approved construction schedule and
phasing plan without prior coordination with the City Engineer may prolong issuance of further
building permits.
a) Upon request by the City Engineer, the developer shall provide information for public
outreach purposes, which may include maps and schedules for each phase of construction.
15. The developer shall obtain the required Habitat Conservation Plan (HCP) Permit and pay the
applicable fees prior to the issuance of a grading permit or improvement plan approval.
16. One hard copy and electronic copy of the approved /stamped PG &E Joint Trench Composite Plans
shall be submitted to the Engineering Division. Should there be a delay in obtaining the PG&E -
approved joint trench plans, the Developer will be allowed to commence joint trench work "at-
risk". The Developer assumes responsibility for any required redesign, and all costs associated with
the redesign and additional city review resulting from the at -risk work completed without PG&E -
approved joint trench plans. Design revisions and ultimate joint trench construction shall be
completed to the satisfaction of the City Engineer.
17. Site preparation and fill construction shall be conducted under the observation of, and tested by, a
licensed soils or geotechnical engineer. A report shall be filed with the City of Gilroy stating that
all site preparation and fill construction meets the requirements of the geotechnical investigation.
This shall be subject to review and approval by the Building Division. [CBC]
18. All grading operations and soil compaction activities shall be per the approved soils report and shall
meet with the approval of the City Engineer.
19. New and existing utility lines, appurtenances, and associated equipment, including but not limited
to electrical transmission, street lighting, and cable television shall be required to be placed
underground. [Municipal Code Section 21, Article V]
20. Construction activity shall be restricted to the period between 7:00 a.m. to 7:00 p.m. Mondays
through Fridays, Saturday 9:00 a.m. to 7:00 p.m. No work shall be done on Sundays and City
Holidays. The City Engineer will apply additional construction period restrictions, as necessary, to
accommodate standard commute traffic along arterial roadways and along school commute routes.
21. Any damage resulting from project construction operations to existing city infrastructure on or
adjacent to the subject property shall be repaired to the satisfaction of the City Engineer, at the full
expense of the developer /contractor. This shall include slurry seal, overlay, street reconstruction,
7- 7/25/2017
7.7.b
Packet Pg. 433 Attachment: Fig 2 PIA (3809 : NOC Tract 10345 Montonico Tract Acceptance)
and repair to curb, gutter and sidewalk, driveway approach if reasonably deemed warranted by the
City Engineer.
22. This project is subject to post- construction stormwater quality requirements per Section 27D of the
Gilroy Municipal Code.
23. Storm water BMP Operation and Maintenance Agreement
a) Prior to the issuance of any building permit requiring stormwater management BMPs or as
otherwise determined by the City Engineer, the owner(s) of the site shall enter into a formal
written Stormwater BMP Operation and Maintenance Agreement with the City. The City
shall record this agreement, against the property or properties involved, with the County of
Santa Clara and it shall be binding on all subsequent owners of land served by the storm water
management treatment BMPs. The City- standard Stormwater BMP Operation and
Maintenance Agreement will be provided by Public Works Engineering.
b) This Agreement shall require that the BMPs not be modified and BMP maintenance activities
not alter the designed function of the facility from its original design unless approved by the
City prior to the commencement of the proposed modification or maintenance activity.
c) This Agreement shall also provide that in the event that maintenance or repair is neglected, or
the stormwater management facility becomes a danger to public health or safety, the city shall
have the authority to perform maintenance and /or repair work and to recover the costs from
the owner.
d) All on -site stormwater management facilities shall be operated and maintained in good
condition and promptly repaired /replaced by the property owner(s), an owners' or
homeowners' association or other legal entity approved by the City.
e) Any repairs or restoration /replacement and maintenance shall be in accordance with City -
approved plans.
f) The property owner(s) shall develop a maintenance schedule for the life of any stormwater
management facility and shall describe the maintenance to be completed, the time period for
completion, and who shall perform the maintenance. This maintenance schedule shall be
included with the approved Stormwater Runoff Management Plan.
24. Stormwater BMP Inspections will be required for this project and shall adhere to the following:
a) The property owner(s) shall be responsible for having all stormwater management facilities
inspected for condition and function by a knowledgeable third party.
b) Unless otherwise required by the City Engineer or designee, stormwater facility inspections
shall be done at least twice per year, once in Fall, in preparation for the wet season, and once
in Winter. Written records shall be kept of all inspections and shall include, at minimum, the
following information:
1. Site address;
2. Date and time of inspection;
3. Name of the person conducting the inspection;
4. List of stormwater facilities inspected;
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7.7.b
Packet Pg. 434 Attachment: Fig 2 PIA (3809 : NOC Tract 10345 Montonico Tract Acceptance)
Condition of each stormwater facility inspected;
Description of any needed maintenance or repairs; and
As applicable,the need for site re- inspection.
25. Upon completion of each inspection, an inspection report shall be submitted to Public Works
Engineering no later than October 1st for the Fall report, and no later than March 15th of the
following year for the Winter report.
26. A minimum of one exterior monument shall be set. Additional monuments can be required by the
City Engineer or City Surveyor as deemed necessary. Location of monuments shall be tied out
prior to work.
27. In accordance with the California Professional Land Surveyors' Act (Business and Professions
Code) Chapter 15 Sections 8771 and 8725, California Penal Code 605, and California Government
Code 27581, the developer, their employees, subcontractors, and /or any person performing
construction activities that will or may disturb an existing roadway/ street monument, corner stake,
or any other permanent surveyed monument shall show all current monuments on the plans and
shall ensure that a Corner Record and /or Record of Survey are filed with the County Surveyor
Office prior to disturbing said monuments. All disturbed or destroyed monuments shall be reset
and filed in compliance with Section 8771 at the developer's sole expense.
28. If there are any reimbursements payable to the Developer, they must be specifically identified in
this Agreement. Any such reimbursements shall be payable to the original Developer named in
this Agreement above, and shall not inure to the benefit of any subsequent owners of all or any
portion of the Property. All reimbursements payable to Developer shall be subject to the City's
reimbursement policies and ordinances in effect from time to time, including without limitation any
expiration dates identified in such policies and ordinances. Such reimbursement shall be solely
contingent upon the availability of the City's Traffic Impact Fee Funds and in no case shall the
reimbursement be paid beyond ten (10) years after the execution of the Agreement. In addition to
any other conditions, requirements and limitations set forth in the City's reimbursement policies
and ordinances from time to time, (i) in no event shall any reimbursements be payable to Developer
if City determines in its sole and absolute discretion from time to time that there are not sufficient
reserves then on hand in the specific reimbursement fund from which Developer's reimbursement is
payable, over and above any amounts anticipated to be required to be expended from such
reimbursement fund, which reserves, at a minimum, are equal to at least half of the remaining
average yearly anticipated expenditures of such reimbursement fund as determined by City from
time to time; (ii) City may, in its sole and absolute discretion, make partial reimbursement
payments to Developer in yearly increments, as determined by City; and (iii) City may defer
payments in any given year if projects deemed by City to be of high importance are determined by
City, in its sole and absolute discretion, to be warranted or necessary, and the funds in such
reimbursement fund are designated by the City for use on such projects of high importance.
29. No occupancy permits shall be issued (except for three model homes) for this neighborhood,
Montonico, and no model homes will be allowed to open until the Santa
Teresa /Ballybunion /Luchessa Roundabout's ultimate roadway improvements are complete and all
vehicular movements are open to traffic as determined by the City Engineer.
30. The Master HOA shall be responsible for the landscape maintenance of the roundabout, medians
and open space associated with this project per the Glen Loma Ranch Development Agreement
9- 7/25/2017
7.7.b
Packet Pg. 435 Attachment: Fig 2 PIA (3809 : NOC Tract 10345 Montonico Tract Acceptance)
dated November 21, 2005. Developer shall enter into a Landscape Maintenance Agreement prior to
completion of construction.
31. Landscape plans shall be submitted for review and approval prior to the issuance of the first
building permit, excluding model homes. Any changes to the landscape plans that may be
warranted after the civil improvement plans have been approved will be at the risk of the Owner
Developer and will be subject to additional review fees.
32. The project shall fully comply with the measures required by the City's Water Supply Shortage
Regulations Ordinance (Gilroy City Code, Chapter 27, Article VI), and subsequent amendments,
which was adopted on August 4, 2014 to meet the requirements imposed by the State of
California's Water Board. This Ordinance established permanent voluntary water saving measures
and temporary water conservation standards.
a. All construction water from fire hydrants shall be metered and billed at the current
hydrant meter rate.
b. Recycled water shall be used for construction water, where available, as determined
by the Public Works Director. Recycled water shall be billed at the municipal
industrial rate based on the current Santa Clara Valley Water District's municipal
industrial rate.
c. Where recycled water is not available, as determined by the Public Works Director,
potable water shall be used. All City potable water will be billed based on the City's
comprehensive fee schedule under the Portable Fire hydrant meter rate.
10- 7/25/2017
7.7.b
Packet Pg. 436 Attachment: Fig 2 PIA (3809 : NOC Tract 10345 Montonico Tract Acceptance)
SECTION 7
That the attached Development Cost Schedule enumerates all fees and their extensions.
TOTAL AMOUNT DUE CITY $ 3,038,133.70
CITY OF GILROY:
am
Date
Gabriel A. Gonzalez
City Administrator
APPROVED AS TO FORM:
Andrew L. Faber, City Attorney
DEVELOPER:
r
t antic Group, Inc. a Delaware
Corporation
Name: Rvidgit KollerOperationVicePresident
Title:
Date: 11 -31 1 tt
NOTE: If Developer is a corporation, the complete legal name and corporate seal of the corporation and
the corporate titles of the persons signing for the corporation shall appear above.
7/25/2017
7.7.b
Packet Pg. 437 Attachment: Fig 2 PIA (3809 : NOC Tract 10345 Montonico Tract Acceptance)
EXHIBIT A
LEGAL DESCRIPTION
Real property in the City of Gilroy, County of Santa Clara, State of California, described as follows:
Parcel 1:
PARCEL C AS SHOWN ON THE MAP ENTITLED "TRACT 10301 WILD CHESTNUT" FILED FOR RECORD ON
SEPTEMBER 20, 2017 IN THE BOOK 907 OF MAPS, PAGE(S) 32 -43, SANTA CLARA COUNTY RECORDS.
PARCEL 2:
EASEMENTS AS CONTAINED IN THAT CERTAIN GRANT OF EASEMENT, EXECUTED BY THE CITY OF
GILROY, A CALIFORNIA MUNICIPAL CORPORATION, RECORD OCTOBER 17, 1990 IN BOOK L511,
PAGE 1739, AS DOCUMENT NO. 10688433, OFFICIAL RECORDS OF SANTA CLARA COUNTY.
APN: 808 -18 -018 (AFFECTS THIS AND OTHER PROPERTY)
13- 7/25/2017
7.7.b
Packet Pg. 438 Attachment: Fig 2 PIA (3809 : NOC Tract 10345 Montonico Tract Acceptance)
1126/2018 11 34 AM
Account No.
CITY OF GILROY
Fee:
PUBLIC WORKS DEPARTMENT
Amount Due:
ENGINEERING DIVISION
100 -2601- 0000 -3625
COST ESTIMATE
3,450.60
EFFECTIVE 7/1/2017
ENCOMPASS NO: E1 15120013 Revised:
Revision Number:
DATE: 26- Jan -18 Revision By:
NUMBER: Montonico TR 10345 @_ Glen Loma Ranch
PROJECT LOCATION: East of Santa Teresa Blvd. between Syrah Dr. and Luchessa Ave.
PARCEL NUMBER: 808 -18 -018 (portion of)
OWNER /DEVELOPER: CalAtlantic Group
MAILING ADDRESS: 4750 Willow Road, Suite 150, Pleasanton, CA 94588
TELEPHONE NO: 925 - 730 -1339
PREPARED BY: Bkaderi
Account No. Key Code Fee: Credits: Amount Due: Account Descriptil on Invoice #
100 -2601- 0000 -3625 4904 3,450.60 3,450.60 Special Public Works Sery
40% Pln Chk Inps
100 - 2601 - 0000 -3605 4702 251,334.64 100,533.86 150,800.78 Eng Plan Check & Insp
420 - 2600- 0000 -3660 4501 12,510.32 12,510.32 Storm Development Fee
432 - 2600- 0000 -3660 3301 0.00 0.00 Str Tree Development Fee
433 - 2600 - 0000 -3660 4905 764,316.00 764,316.00 Traffic Impact Fee
435 -2600- 0000 -3660 4509 568,176.00 568,176.00 Sewer Development Fee
436 - 2600 - 0000 -3660 4510 145,908.00 145,908.00 Water Development Fee
440- 2600- 0000 -3660 4515 1,392,972.00 1,392,972.00 Public Facility Fee
720 - 0433 - 0000 -3620 2202 0.00 0.00 Const Water Use Fee
801- 2601 -PWDO -3899 4703 0.00 0.00 Reimbursements
801 - 2601 -PWDO -3899 4703 0.00 0.00 Other Reimbursements
Total 3,038,133.70
Payment Bond Amount for all improvements
Performance Bond Amount for all improvements
2,917,079
2,917,079
G: \COMDEV\ENGINEERING \DEVELOPMENT PROJECTS \Tract File \TR 10345- Montonico (GLR) \FEES_INVOICES_RECEIPTS \Template Dev Fees 7 -1 -2017 - Montoniw REVISED
COST SCHEDULE Fees Last Revised January 20, 2012 1 012618
7.7.b
Packet Pg. 439 Attachment: Fig 2 PIA (3809 : NOC Tract 10345 Montonico Tract Acceptance)
1/26/2018 11'34 AM
CITY OF GILROY
COMMUNITY DEVELOPMENT DEPARTMENT
ENGINEERING DIVISION
COST ESTIMATE
ENCOMPASS NO: E7 15120013
DATE: 26-Jan-2018
NUMBER: Montonico TR 10345 @ Glen Loma Ranch
PROJECT LOCATION: East of Santa Teresa Blvd. between Syrah Dr. and Luchessa Ave.
PARCEL NUMBER: 808 -18 -018 (portion of)
OWNER /DEVELOPER: CalAtlantic Group
MAILING ADDRESS: 4750 Willow Road, Suite 150, Pleasanton, CA 94588
TELEPHONE NO: 925 - 730 -1339
PREPARED BY: Bkaderi
Reimbursements and credits:
Front Footage /Square Footage Charges
Sq Ft:
0
0
0
0
0
0
Street Tree FF: Water FF: Sewer FF: Storm FF: Const Water Acres to be Developed:
0.0 0.0 0.0 0.0 0.000
Pavement SF: Median SF: Sidewalk SF: Curb /Gutter FF: Construction Water FF:
0.0 0.0 0.0 0.0 0.0
SPECIAL PUBLIC WORKS SERVICES
Maps:
Final Map $1,755.00 +
Parcel Map $2,035.00 +
Re- assessment Map (Assessment District Parcels)
1,710.00 +
100 - 2601- 0000 -3625
15.70 / lot
630.00 / lot
630.00 / lot
Administration Fees:
Cost Schedules, Agreements, R/W Reviews and Other Misc. Services)
0 hr Misc Services $185.00 / hr
Special Staff Analysis
0 hr Special Analysis $143.44 / hr
Y $3,450.60 Fee ID NO- FINALM
N $0.00 Fee ID NO- PARCELM
N $0.00 Fee ID N- ASSESM
Y $0.00 Fee ID N -MISC
N $0.00
3,450.60
G: \COMDEV\ENGINEERING \DEVELOPMENT PROJECTS \Tract File \TR 10345- Montonico (GLR) \FEES_INVOICES_RECEIPTS \Template Dev Fees 7 -1 -2017 - Montonico REVISED
COST SCHEDULE Fees Last Revised January 20, 2012 2 012618
FINAL ENGINEERING
COST SCHEDULE TYPE: COST ESTIMATE ? Y PLAN CHECK ? N INCENTIVE AGREEMENT ONLY ? N
DEFER PUBLIC FACILITY FEE ? TO PERMIT ? N TO FINAL ? N
DEFER SEWER, WATER, TRAFFIC FEES ? TO PERMIT ? N TO FINAL ? N
NOTE: This Preliminary Cost Schedule is an estimate and will be adjusted to the rates in effect at the time permits are issued.
Site Information: Gross Acres: Lots: Units:
Residential -Low ? 0.000 0 0
Residential -High ? 14.120 108 84
Commercial -Low ? 0.000 0
Commercial -High ? 0.000 0
Industrial - General ? 0.000 0
Industrial - Warehouse ? 0.000 0
Assembly Hall? 0.000 0
Common Area? 0.000
Commercial /Industrial Allocations: Sewer GPD: Water GPD:
0 0
Reimbursements and credits:
Front Footage /Square Footage Charges
Sq Ft:
0
0
0
0
0
0
Street Tree FF: Water FF: Sewer FF: Storm FF: Const Water Acres to be Developed:
0.0 0.0 0.0 0.0 0.000
Pavement SF: Median SF: Sidewalk SF: Curb /Gutter FF: Construction Water FF:
0.0 0.0 0.0 0.0 0.0
SPECIAL PUBLIC WORKS SERVICES
Maps:
Final Map $1,755.00 +
Parcel Map $2,035.00 +
Re- assessment Map (Assessment District Parcels)
1,710.00 +
100 - 2601- 0000 -3625
15.70 / lot
630.00 / lot
630.00 / lot
Administration Fees:
Cost Schedules, Agreements, R/W Reviews and Other Misc. Services)
0 hr Misc Services $185.00 / hr
Special Staff Analysis
0 hr Special Analysis $143.44 / hr
Y $3,450.60 Fee ID NO- FINALM
N $0.00 Fee ID NO- PARCELM
N $0.00 Fee ID N- ASSESM
Y $0.00 Fee ID N -MISC
N $0.00
3,450.60
G: \COMDEV\ENGINEERING \DEVELOPMENT PROJECTS \Tract File \TR 10345- Montonico (GLR) \FEES_INVOICES_RECEIPTS \Template Dev Fees 7 -1 -2017 - Montonico REVISED
COST SCHEDULE Fees Last Revised January 20, 2012 2 012618
7.7.b
Packet Pg. 440 Attachment: Fig 2 PIA (3809 : NOC Tract 10345 Montonico Tract Acceptance)
1/26/2018 11:34 AM
ENGINEERING PLAN CHECK & INSPECTION 100 - 2601 - 0000 -3605 COST ESTIMATE $251,334.64
ACTUAL COST OF PUBLIC IMPROVEMENTS FINAL ENGINEERING PLAN CHECK $0.00
At time of Improvement Plan /Final Map submittal 40% of fee is due for Plan Check. Remainder 60% due prior to submittal of Final Map for
Council approval
Additional Plan Review After First Three Submittals or Review of Changes, Additions or Revisions to Approved Plans
0 hr Additional Plan Review $143.44 / hr. N $0.00 Fee ID NO- GRADINS
2 Hour Minimum)
Re- Inspection Fee
0 hr Re- Inspection $125.00 / hr. N $0.00 Fee ID NO- GRADINS
Inspections outside of normal business hours
0 hr Inspection $475.00 +
Based on total cost of improvements)
Estimated Cost of Improvements
12.6% $0
10.5% $100,000
8.4% over
Payment Bond Amount for all improvements
Performance Bond Amount for all improvements
IMPACT FEES
Storm Drain Impact Fee
a.Residential -Low
b.Residential -High
c.Commercial
d.lndustrial
e.Assembly Hall
Street Tree Fee
a.City Planting and Replacement
3.06 / f.f. x
Wnspection and Replacement
0.41 / f.f. x
Traffic Impact Fee
a.Residential -Low
b.Residential -High
c.Commercial -Low Traffic
10.75 trips /1000 so
d.Commercial -High Traffic
10.75 trips /1000 so
e.lndusldal- General
f.lndustdal- Warehouse
160.00 hr. after 3hrs N 0.00
COST ACTUAL
ESTIMATE COST
2,917,079 0
100,000 Y $12,600.00 Y 0.00
200,000 Y $10,500.00 Y 0.00
200,000 Y $228,234.64 Y 0.00
2,917,079
2,917,079
420 - 2600 - 0000 -3660
564.00 acre Y 0.00
886.00 acre Y 12,510.32
1,528.00 acre Y 0.00
1,128.00 acre Y 0.00
564.00 acre Y 0.00
432 - 2600 -0000 -3660
N 0.0 0.00
Y 0.0 0.00
433 - 2600 - 0000 -3660
11,224.00 unit Y 0.00
9,099.00 unit Y 764,316.00
12,419.00 k.s.f. Y 0.00
25,087.00 k.s.f. Y 0.00
4,921.00 1 k.s.f. Y 0.00
3,567.00 k.s.f. Y 0.00
Fee ID NO- GRADINS
DIFFERENCE ($251,334.64)
Fee ID NO- PCKINSP
Fee ID NO -SD -LD
Fee ID NO -SD -HD
Fee ID NO -SD -C
Fee ID NO -SD -I
Fee ID NO -SD -AH
Fee ID NO- TREEPLT
Fee ID NO- TREEINS
Fee ID N1- TRAF -LD
Fee ID N2- TRAF -HD
Fee ID N3- TRAF -CL
Fee ID N3- TRAF -CH
Fee ID N4- TRAF -IG
Fee ID N4- TRAF -IW
12,510.32
0.00
764,316.00
G: \COMDEV\ENGINEERING \DEVELOPMENT PROJECTS \Tract File \TR 10345- Montonico (GLR) \FEES_INVOICES_RECEIPTS \Template Dev Fees 7 -1 -2017 - Montonico REVISED
COST SCHEDULE Fees Last Revised January 20, 2012 3 0126 18
7.7.b
Packet Pg. 441 Attachment: Fig 2 PIA (3809 : NOC Tract 10345 Montonico Tract Acceptance)
1/26/2018 11:34 AM
Sewer Impact Fee 435 -2600- 0000 -3660 568,176.00
a.Residential -Low $12,501.00 unit Y 0.00 Fee ID N1 -SS -LD
b.Residential -High $6,764.00 unit Y 568,176.00 Fee ID N2 -SS -HD
c.Commercial /Industrial $3,956.00 cgpd Y 0.00 Fee ID N5- SS -C /I
Water Impact Fee 436 -2600- 0000 -3660 145,908.00
a.Residential -Low $4,294.00 unit Y 0.00 Fee ID N1- WATR -LD
b.Residenlial -High $1,737.00 unit Y 145,908.00 Fee ID N2- WATR -HD
c.Commercial /Industrial $6,731.00 kgpd Y 0.00 Fee ID N5- W7R -C /1
Public Facilities Impact Fee 440 - 2600- 0000 -3660 1,392,972.00
a.Residential -Low $19,710.00 unit Y 0.00 Fee ID N1 -PF -LD
b.Residential -High $16,583.00 unit Y 1,392,972.00 Fee ID N2 -PF -HD
c.Commercial $2,970.00 k.s.f. Y 0.00 Fee ID N3 -PF -C
d.Induslrial $1,315.00 k.s.f. Y 0.00 Fee ID N4 -PF -I
Water User Fee (Construction) 720- 0433 - 0000 -3620 Y 0.00
3.00 f.f. 0.00 Fee ID NO- CONWTFF
plus
182.73 a. c. 0.00 Fee ID NO- CONWTAC
FRONT FOOT CHARGES (Used to charge and reimburse fees for existing infrastructure)
The Half Pipe schedule is used to determine the front footage reimbursement to former developers for infrastructure previously installed along the
front footage of the development.
The Full Pipe schedule is used to determine the oversizing reimbursement to the developer for installing water, sewer, and storm main extensions to
sizes required by each master plan that are greater than the sizes required by the development. The oversized portion is the difference between the
master planned size for the main and the greater of the main size required by the development or the developer's minimum responsibility for each
main.
Water 801- 2601 -P WDO -3899 0.00
Water Mains - including fire hydrants, valves, valve boxes and other pertinences.
Developer responsibility is up to and including 12" mains
Half Pipe Lineal Footage
6 inch Main $39.00 / LF x N 0.0 = 0.00 Fee ID N- WR06 -1/2
8 inch Main $41.00 / LF x N 0.0 = 0.00 Fee ID N- WR08 -1/2
10 inch Main $47.00 / LF x N 0.0 = 0.00 Fee ID N- WR10 -1/2
12 inch Main $52.00 / LF x N 0.0 = 0.00 Fee ID N- WR12 -1/2
14 inch Main $57.00 / LF x N 0.0 = 0.00 Fee ID N- WR14 -1/2
16 inch Main $62.00 I LF x N 0.0 = 0.00 Fee ID N- WR16 -1/2
18 inch Main $68.00 / LF x N 0.0 = 0.00 Fee ID N- WR18 -1/2
20 inch Main $76.00 / LF x N 0.0 = 0.00 Fee ID N- WR18 -1/2
24 inch Main $82.00 / LF x N 0.0 = 0.00 Fee ID N- WR24 -1/2
30 inch Main $91.00 / LF x N 0.0 = 0.00 Fee ID N- WR30 -1/2
36 inch Main $106.00 / LF x N 0.0 = 0.00 Fee ID N- WR36 -1/2
G:\COMDEV\ENGINEERING \DEVELOPMENT PROJECTS \Tract File \TR 10345- Monlonico (GLR) \FEES_INVOICES_RECEIPTS \Template Dev Fees 7 -1 -2017 - Montonico REVISED
COST SCHEDULE Fees Last Revised January 20, 2012 4 0126 18
7.7.b
Packet Pg. 442 Attachment: Fig 2 PIA (3809 : NOC Tract 10345 Montonico Tract Acceptance)
Front Foot Charges Continued Used to charge and reimburse fees for existing infrastructure)
Sewer B01- 2601 -PWDO -3899
Sewer Mains - including manhole and other pertinences.
Developer responsibility is up to and including 12" mains.
Half Pipe Lineal Footage
6 inch Main 73.00 LF x N 0.0 = 0.00
8 inch Main 75.00 I LF x N 0.0 = 0.00
10 inch Main 81.00 LF x N 0.0 = 0.00
12 inch Main 83.00 LF x N 0.0 = 0.00
15 inch Main 87.00 LF x N 0.0 = 0.00
18 inch Main 93.00 LF x N 0.0 = 0.00
21 inch Main 102.00 LF x N 0.0 = 0.00
24 inch Main 106.00 LF x N 0.0 = 0.00
27 inch Main 122.00 LF x N 0.0 = 0.00
30 inch Main 144.00 LF x N 0.0 = 0.00
33 inch Main 158.00 LF x N 0.0 = 0.00
36 inch Main 178.00 LF x N 0.0 = 0.00
39 inch Main 212.00 LF x N 0.0 = 0.00
42 inch Main 265.00 LF x N 0.0 = 0.00
Street Improvements 801- 2601 -PWDO -3899
Pavement. Sidewalks & Medians Square Footage
AC /Bike path: base 2.55 SF x N 0.0 = 0.00
AC /Bike path: pvmt 2.50 SF x N 0.0 = 0.00
Sidewalk: new 9.75 SF x N 0.0 = 0.00
Sidewalk: replace 13.25 SF x N 0.0 = 0.00
Resurfacing 2.55 SF x N 0.0 = 0.00
Landscaped Median 20.35 SF x N 0.0 = 0.00
Hardscaped Median 11.63 SF x N 0.0 = 0.00
Traffic Signals (equipment only) of Lump Sum
Traffic Signal -3 leg 130,200.00 LS x N 0% = 0.00
Traffic Signal -4 leg 158,500.00 LS x N 0% = 000
Curb and Gutter Lineal Footage
Curb /Gutter: new 25.85 LF x N 0.0 = 0.00
Curb /Gutter: replace 33.40 LF x N 0.0 = 0.00
Curb Ramps 1,057.63 LF x N 0.0 = 0.00
1/26/2018 11:34 AM
Fee ID N- SS06 -1/2
Fee ID N- SSOB -1/2
Fee ID N- SS10 -1/2
Fee ID N- SS12 -1/2
Fee ID N- SS15 -1/2
Fee ID N- SS18 -1/2
Fee ID N- SS21 -1/2
Fee ID N- SS24 -1/2
Fee ID N- SS27 -1/2
Fee ID N- SS30 -1/2
Fee ID N- SS33 -1/2
Fee ID N- SS36 -1/2
Fee ID N- SS39 -1/2
Fee ID N- SS42 -1/2
Fee ID N- STR -ACB
Fee ID N- STR -ACP
Fee ID N- STR -SAN
Fee ID N- STR -S/WR
Fee ID N- STR -RESU
Fee ID N- STR -LANM
Fee ID N -STR -HARD
Fee ID N- STR -TS3L
Fee ID N- STR -TS4L
Fee ID N- STR -C /G
Fee ID N- STR -C /GR
Fee ID N- STR -CR
0.00
0.00
G: \COMDEV\ENGINEERING \DEVELOPMENT PROJECTS \Tract File \TR 10345- Montonico (GLR) \FEES_INVOICES_RECEIPTS \Template Dev Fees 7 -1 -2017- Monlonico REVISED
COST SCHEDULE Fees Last Revised January 20, 2012 5 012618
7.7.b
Packet Pg. 443 Attachment: Fig 2 PIA (3809 : NOC Tract 10345 Montonico Tract Acceptance)
Front Foot Charges Continued Used to charge and reimburse fees for existing infrastructure)
Storm Drain 801- 2601 -PWDO -3899
Storm Mains - including manholes, catch basins and other pertinences.
Developer responsibility is up to and including 24" mains.
Half Pipe Lineal Footage
18 inch Main 63.00 LF x N 0.0 = 0.00 Fee ID N- SD18 -1/2
21 inch Main 69.00 LF x N 0.0 = 0.00 Fee ID N- SD21 -1/2
24 inch Main 70.00 LF x N 0.0 = 0.00 Fee ID N- SD24 -1/2
27 inch Main 82.00 LF x N 0.0 = 0.00 Fee ID N- SD27 -1/2
30 inch Main 89.00 LF x N 0.0 = 0.00 Fee ID N- SD30 -1/2
33 inch Main 91.00 LF x N 0.0 = 0.00 Fee ID N- SD33 -1/2
36 inch Main 95.00 LF x N 0.0 = 0.00 Fee ID N- SD36 -1/2
42 inch Main 99.00 LF x N 0.0 = 0.00 Fee ID N- SD42 -1/2
48 inch Main 117.00 LF x N 0.0 = 0.00 Fee ID N- SD48 -1/2
54 inch Main 137.00 LF x N 0.0 = 0.00 Fee ID N- SD54 -1/2
60 inch Main 158.00 LF x N 0.0 = 0.00 Fee ID N- SD60 -1/2
66 inch Main 179.00 LF x N 0.0 = 0.00 Fee ID N- SD66 -1/2
72 inch Main 200.00 LF x N 0.0 = 0.00 Fee ID N- SD72 -1/2
78 inch Main 216.00 LF x N 0.0 = 0.00 Fee ID N- SD78 -1/2
84 inch Main 231.00 LF x N 0.0 = 0.00 Fee ID N- SD84 -1/2
90 inch Main 246.00 LF x N 0.0 = 0.00 Fee ID N- SD90 -1/2
96 inch Main 261.00 LF x N 0.0 = 0.00 Fee ID N- SD96 -1/2
NOTE: All deferred and /or estimated fees will be adjusted to the rates in effect at the time fees are paid.
The undersigned agrees to provide actual construction costs for recalculation of fees and pay any underestimated
fees prior to final acceptance. If the recalculated fees are less than the estimate, the City of Gilroy will refund the difference.
Additional plan review required by changes, additions or revisions to approved plans, reinspectlon nd inspections outside
of normal business hours will be billed as shown in the City of Gi s ast current comer ensive fee hedule at the hourly rates
in effect at the time of inspection. //
rid4¢rt` ,KoberPrintName: tlOn e.
Date: I I IV
1/26/2018 11:34 AM
0.00
G: \COMDEV\ENGINEERING \DEVELOPMENT PROJECTS \Tract File \TR 10345- Montonico (GLR) \FEES_INVOICES_RECEIPTS \Template Dev Fees 7 -1 -2017 - Montonico REVISED
COST SCHEDULE Fees Last Revised January 20, 2012 6 013618
7.7.b
Packet Pg. 444 Attachment: Fig 2 PIA (3809 : NOC Tract 10345 Montonico Tract Acceptance)
1/26/2018 11:34 AM
OVERSIZING SCHEDULE (Used to reimburse oversized infrastructure)
Total Oversized Water, Sewer and Storm Drain Main Reimbursement 0.00
Total Oversized Water Main Reimbursement Developer is responsible for up to and including 12" mains) 0.00
Oversized Minimum 12" main Oversized
Full Pipe $ /foot Full Pipe $ /foot Oversized Footage Reimbursement
14 inch Main 114.00 104.00 x 0.0 = 0.00 N
16 inch Main 124.00 104.00 x 0.0 = 0.00 N
18 inch Main 135.00 104.00 x 0.0 = 0.00 N
20 inch Main 151.00 104.00 x 0.0 = 0.00 N
24 inch Main 164.00 104.00 x 0.0 = 0.00 N
30 inch Main 182.00 104.00 x 0.0 = 0.00 N
36 inch Main 211.00 104.00 x 0.0 = 0.00 N
Total Oversized Sewer Main Reimbursement Developer is responsible for up to and including 12" mains) 0.00
Oversized Minimum 12" main Oversized
Full Pipe $ /foot Full Pipe $ /foot Oversized Footage Reimbursement
15 inch Main 174.00 166.00 x 0.0 = 0.00 N
18 inch Main 186.00 166.00 x 0.0 = 0.00 N
21 inch Main 204.00 166.00 x 0.0 = 0.00 N
24 inch Main 211.00 166.00 x 0.0 = 0.00 N
27 inch Main 244.00 166.00 x 0.0 = 0.00 N
30 inch Main 287.00 166.00 x 0.0 = 0.00 N
33 inch Main 315.00 166.00 x 0.0 = 0.00 N
36 inch Main 356.00 166.00 x 0.0 = 0.00 N
39 inch Main 423.00 166.00 x 0.0 = 0.00 N
42 inch Main 529.00 166.00 x 0.0 = 0.00 N
Total Oversized Storm Drain Main Reimbmnt Developer is responsible for up to and including 24" mains) 0.00
Oversized Minimum 24" main Oversized
Full Pipe $ /fool Full Pipe $ /foot Oversized Footage Reimbursement
27 inch Main 164.00 140.00 x 0.0 = 0.00 N
30 inch Main 177.00 140.00 x 0.0 = 0.00 N
33 inch Main 182.00 140.00 x 0.0 = 0.00 N
36 inch Main 189.00 140.00 x 0.0 = 0.00 N
42 inch Main 197.00 140.00 x 0.0 = 0.00 N
48 inch Main 233.00 140.00 x 0.0 = 0.00 N
54 inch Main 273.00 140.00 x 0.0 = 0.00 N
60 inch Main 315.00 140.00 x 0.0 = 0.00 N
G:\COMDEV\ENGINEERING \DEVELOPMENT PROJECTS \Tract File \TR 10345- Montonico (GLR) \FEES_INVOICES_RECEIPTS \Template Dev Fees 7 -1 -2017 - Montonico REVISED
COST SCHEDULE Fees Last Revised January 20, 2012 7 012618
7.7.b
Packet Pg. 445 Attachment: Fig 2 PIA (3809 : NOC Tract 10345 Montonico Tract Acceptance)
1/26/2018 11:34 AM
Oversizing Schedule Continued Used to reimburse oversized infrastructure)
Oversized Storm Drain Main Reimbmnt Continued
Oversized Minimum 24" main Oversized
Full Pipe $ /foot Full Pipe $ /foot Oversized Footage Reimbursement
66 inch Main 357.00 140.00 x 0.0 = 0.00 N
72 inch Main 399.00 140.00 x 0.0 = 0.00 N
78 inch Main 431.00 140.00 x 0.0 = 0.00 N
84 inch Main 461.00 140.00 x 0.0 = 0.00 N
90 inch Main 492.00 140.00 x 0.0 = 0.00 N
96 inch Main 522.00 140.00 x 0.0 = 0.00 N
G:\COMDEV\ENGINEERING \DEVELOPMENT PROJECTS \Tract File \TR 10345- Montonico (GLR) \FEES_INVOICES_RECEIPTS \Template Dev Fees 7 -1 -2017 - Montonico REVISED
COST SCHEDULE Fees Last Revised January 20, 2012 8 012618
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Packet Pg. 446 Attachment: Fig 2 PIA (3809 : NOC Tract 10345 Montonico Tract Acceptance)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF Alameda
On January 31, 2018 , before me, Elizabeth Neal, Notary Public
here insert name and title of the officer)
personally appeared Bridgit Koller
who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is /ate
subscribed to the within instrument and acknowledged to me that he /she /they executed the same
in Iris /her /their authorized capacity(ies), and that by lis/her /t signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
ELIZABETH NEAL
Notary Public - California ZSignature `<
Z Alameda County
Z Commission # 2187347
My Comm. Expires Mar 20,2021 (SEAL)
2294- 00169\'ORMA 1227861.1
10/29/14
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Packet Pg. 447 Attachment: Fig 2 PIA (3809 : NOC Tract 10345 Montonico Tract Acceptance)
CALOFORNIA ALL-PURPOSE l e 6fiPdOO 41lLEDGi'o'iENT Cl1Vi1L CODE § 118-1,
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of Sa n to C IQ r-q )
On MarC;h 6, Z012 before me, 1;un6ra 9, I\'aga
Date Here Insert Name and Title of the Officer
personally appeared i~ u l r i e l i . Cro n Za 1 e Z
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(91 whose named is /a(e'
subscribed to the within instrument and acknowledged to me that he /sWe /th4y executed the same in
his /her /thelf authorized capacityoefs), and that by his /I dr /their signature(a) on the instrument the person(s',
or the entity upon behalf of which the person(s) acted, executed the instrument.
SANDRA E. NAVA
Commission # 2086119 IL
Notary Public - California z
Z Santa Clara County D
T
My Comm. Expires Nov 11, 2018
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature &0gd t 4 , reu
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document -0
Title or Type of Document: 'p r - prove &V& 46reem,,O Document Date: tebryurH ZI : 2y 13
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Corporate Officer — Title(s):
Partner — Limited General
Individual Attorney in Fact
Trustee Guardian or Conservator
Other:
Signer Is Representing:
Signer's Name:
Corporate Officer — Title(s):
Partner — Limited General
Individual Attorney in Fact
Trustee Guardian or Conservator
Other:
Signer Is Representing:
2014 National Notary Association • www.NationalNotary.org • 1- 800 -US NOTARY (1- 800 -V6 -6827) Item #5907
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Packet Pg. 448 Attachment: Fig 2 PIA (3809 : NOC Tract 10345 Montonico Tract Acceptance)
SEPARATE PAGE PURSUANT TO GOVT. CODE 27361.6 RECORDING REQUESTED BY: City of Gilroy WHEN RECORDED MAIL TO: Thai Pham City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 NOTICE OF ACCEPTANCE OF COMPLETION NOTICE IS HEREBY GIVEN that work agreed to be performed under the property agreement between the City of Gilroy, a municipal corporation, whose address is 7351 Rosanna Street, Gilroy, CA 95020, and the Contractor mentioned below who developed said project, was accepted as completed by the City of Gilroy on the .
Project No.: Property Improvement Agreement No. 2018-03, Project Name Tract 10345 Montonico
Contractor Name: Lennar Homes of California, Inc
Contractor Address: 2603 Camino Ramon, Suite 525 San Ramon, CA 94583
Surety on Contract: Liberty Mutual Insurance Company
Location of Project: Glen Loma Ranch, Tract 10302
Description of Work: Tract Improvements Interest of City: x Owner in Fee: Vendee under Agreement to Purchase; Lessee; x Owner of Easements; Holder of License; Owner of Streets; x Owner of Utilities, Water, Sewer, Storm Systems Owner's Name: City of Gilroy Work Done: Install underground utilities, electrical, landscape, and open space __________________________________________________________ This notice is given in accordance with the provisions of Section 3093 of the Civil Code of the State of California. The undersigned declares: That he is an officer of the City of Gilroy, that he has read the foregoing Notice of Acceptance of Completion and knows the contents thereof; and that the same is true of his own knowledge, except as to those matters that he believes it to be true. I certify under penalty of perjury that the foregoing is true and correct. Executed at the City of Gilroy, County of Santa Clara, State of California on June 7, 2022. CITY OF GILROY STATE OF CALIFORNIA COUNTY OF SANTA CLARA BY Gary Heap TITLE City Engineer. This document is for the benefit of the City of Gilroy. Request for Recordation without fee is made in accordance with Section 27383 of the Government Code of the State of California.
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Packet Pg. 449 Attachment: Fig 3 - NOC_Montonico (3809 : NOC Tract 10345 Montonico Tract Acceptance)
SEPARATE PAGE PURSUANT TO GOVERNMENT CODE SECTION 27361.6
RECORDING REQUESTED BY: )
)
City of Gilroy )
)
)
)
WHEN RECORDED, MAIL TO: )
Thai Pham, City Clerk )
City of Gilroy )
7351 Rosanna Street )
Gilroy, CA 95020 )
RECORDED WITHOUT FEE PER CALIFORNIA GOVERNMENT CODE SECTION 27383
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NOTICE OF ACCEPTANCE OF COMPLETION
PROPERTY IMPROVEMENT AGREEMENT NO. 18-03
PROJECT NAME - Tract 10345, Montonico:
DEVELOPER NAME : Lennar Homes of California (Formerly CalAtlantic)
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Packet Pg. 450 Attachment: Fig 3 - NOC_Montonico (3809 : NOC Tract 10345 Montonico Tract Acceptance)
City of Gilroy
STAFF REPORT
Agenda Item Title: Adoption of an Ordinance approving 700 W Sixth Street
Rezoning from Professional Office (PO) to Single Family
Residential (R1) Zone
Meeting Date: August 15, 2022
From: Jimmy Forbis, City Administrator
Department: Community Development Department
Submitted By: Sharon Goei, Community Development Director
Prepared By: Kraig Tambornini, Senior Planner
Strategic Plan Goals
☐ Develop a Financially
Resilient Organization
☐ Ensure Neighborhood
Equity from City
Services
☐ Promote Economic
Development
Activities
☐ Promote Safe,
Affordable Housing for All
☐ Maintain and Improve
City Infrastructure
RECOMMENDATION
Adopt the second reading of an Ordinance approving zoning amendment application Z
22-01 for the 700 W Sixth Street project to rezone the property from the Professional
Office (PO) Zone to the Single Family Residential (R1) Zone District.
ANALYSIS
At the August 1, 2022 Regular Meeting, the City Council considered and introduced an
Ordinance approving zoning amendment application Z 22-01 for the 700 W Sixth Street
project to rezone the property from the Professional Office (PO) Zone to the Single
Family Residential (R1) Zone District. The Council motioned to read the Ordinance by
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title only, waived further reading of the Ordinance, and then introduced the Ordinance
(7-0-0 vote). No modifications to the draft Ordinance were proposed by the Council.
Council is now asked to adopt the Ordinance consistent with its August 1, 2022 action.
The Ordinance will take effect thirty (30) days from the date of Council action.
Council requested and staff has added conditions of approval regarding the developer
working with staff to provide a gate and place additional trees for the project.
Attachments:
1. Location Map
2. August 1, 2022 Staff Report
3. Proposed Ordinance
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Santa Clara County Multi-Jurisdictional Program for Public Information 2021
Annual Evaluation Report for FY22
(Year 1: July 2021 to June 2022)
June 2022
Prepared by:
Santa Clara Valley Water District
and
County of Santa Clara CRS Participating Communities
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I. INTRODUCTION
The Community Rating System (CRS) is a voluntary program of the Federal Emergency Management
Agency’s (FEMA) National Flood Insurance Program (NFIP). The CRS program allows communities to
earn flood insurance premium discounts for their residents and businesses by implementing local
mitigation, floodplain management, and outreach activities that exceed the minimum NFIP
requirements to reduce the risk of flooding.
In Santa Clara County, 11 (eleven) communities have been active participants in the FEMA NFIP CRS
for over 30 years.
The CRS participating communities are City of Cupertino, City of Gilroy, City of Los Altos, City of
Milpitas, City of Morgan Hill, City of Mountain View, City of Palo Alto, City of San Jose, City of Santa
Clara, City of Sunnyvale, and the Santa Clara Valley Water District (Valley Water).
CRS participating communities, along with their external non-governmental stakeholders, non-
participating communities: City of Saratoga, Town of Los Altos Hills, Town of Los Gatos, and County of
Santa Clara who opted to join the 2021 Program for Public Information (PPI), comprise the PPI
Committee. The PPI Committee is listed in Table 1. Members of the Santa Clara County
Multi-Jurisdictional 2021 PPI Committee of the 2021 PPI. (Attachment #1)
FEMA requires that each community participating in the PPI provide at least two representatives to the
regional PPI Committee, with at least half of the representatives from outside the local government.
Additionally, at least half of the representatives must attend all the meetings of the regional PPI
Committee.
An important benefit of the PPI Committee’s work is close collaboration between local public agency
staff who work on flood protection throughout Santa Clara County. Together, PPI Committee members
continue strengthening their individual CRS programs and ensuring communities can evaluate their
flood programs against a nationally recognized benchmark.
The 2021 PPI Committee, along with the remaining non-participating communities (City of Campbell
and City of Monte Sereno), and other interested parties, make up the Santa Clara County CRS Users
Group.
The Santa Clara County CRS Users Group collaborates to ensure floodplain management activities
provide enhanced public safety, reduced damage to property and public infrastructure, and avoidance
of economic disruption and loss in Santa Clara County. Through the 5-year PPI development and the
annual reporting process, members of the SC County CRS Users Group learn from one another about
local floodplain management activities, including flood protection and land use issues. For both the
Santa Clara County CRS Users Group and the PPI Committee, the PPI is one of the most impactful
activities of the CRS Program.
Under the CRS program, flood insurance premium rates are discounted to reward CRS participating
community actions that meet the three goals of the CRS: (1) reduce flood damage to insurable
property; (2) strengthen and support the insurance aspects of the NFIP; and (3) encourage a
comprehensive approach to floodplain management .
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Flood insurance premiums for participating CRS communities are reduced in 5% increments for every
500 CRS points earned. As of April 30, 2022, the total savings for Santa Clara County residents from
CRS discounts is approximately $2 million.
Valley Water is the lead flood risk reduction agency for Santa Clara County. Valley Water performs
many flood preparedness outreach and stream stewardship/maintenance activities that earn CRS
points for participating communities. Since Valley Water is not a land-use agency, the points Valley
Water earns, as a fictitious community, provide a foundation upon which the CRS participating
communities can build. FEMA approved this unique arrangement with Valley Water in 1998.
The CRS Coordinator’s Manual, 2013 Edition, included the option to undertake a Program for
Public Information (PPI) which is a method to customize flood risk and loss reduction outreach
messages and increase CRS points. Each participant of the PPI Committee brings unique
perspectives and suggestions that enhance the PPI. Each community must adopt the PPI through a
formal vote by the community’s governing body.
In 2013, Valley Water initiated and facilitated the effort to develop the first Multi-Jurisdictional PPI so
that all Santa Clara County CRS participating communities could work together and benefit from this
activity. Non-participating communities were also invited to participate in the development of the PPI.
This work effort resulted in the 2015 Multi-Jurisdiction PPI (2015 PPI).
On April 14, 2015, Valley Water’s Board adopted the 2015 PPI, which sunset in April 2020. Following
Valley Water’s lead, the other CRS participating communities’ governing bodies adopted the 2015 PPI
soon thereafter.
Under the CRS, the PPI must be updated every 5-years. Each subsequent year after adopting the
PPI, the committee must submit an Annual Evaluation Report to FEMA describing the PPI
implementation for the prior fiscal year. The PPI Committee must evaluate whether the flood risk
reduction messages in the PPI are still relevant and adjust the PPI, if needed. The Annual Evaluation
Report is shared with each participating community’s governing body as an informational item.
As required, Annual Evaluation Reports for FY16 (Year 1) through FY19 (Year 4) for the 2015 PPI
were prepared, sent to the governing body, and included in annual recertifications.
FY20 (Year 5), the PPI Committee was required to update the 2015 PPI. The Insurance Services
Office (ISO), FEMA’s CRS management contractor, exempted the committee from submitting an
Annual Evaluation Report for FY20 (Year 5) as the committee focused on updating the 2015 PPI.
In February 2020, Valley Water hosted the start of the 5-year PPI process. Fifteen Santa Clara
County communities worked together to update the 2015 PPI. These communities included the
current eleven CRS participating communities as well as four non-participating communities that
expressed interest in joining the CRS. Staff and external stakeholders from each community
participated in developing the new PPI.
In March 2020, the Coronavirus (COVID-19) outbreak started. The California State Emergency
Services Act, the Governor’s Emergency Declaration related to the COVID-19 pandemic, the
Governor’s Executive Order N-29-20, and Order of the County of Santa Clara Public Health Officer
dated March 16, 2020, went into effect.
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The COVID-19 pandemic caused far-reaching, unprecedented changes. Businesses and
organizations faced economic and operational uncertainty across every industry and sector. The
workforce impacts during COVID-19 caused delays beyond control, including the PPI Committee’s
ability to continue its work of updating the 2015 PPI. Many communities shifted priorities to respond
to the public health crisis; therefore, FEMA provided an extension of completing the update to the
2015 PPI to early 2021.
The PPI Committee reconvened in October 2020 to resume the PPI update. Several virtual
meetings followed until the PPI Committee completed the 2021 PPI in April 2021. The 2021 PPI
was adopted by participating communities, as indicated in Table 1. Dates 2021 PPI Adopted.
II. 2021 PPI DEVELOPMENT PROCESS
Valley Water, along with the CRS participating and non-participating communities, initiated the
2021 PPI process in February 2020. The Santa Clara County 2021 Multi-Jurisdictional Program
for Public Information document was completed in April 2021 (refer to Section I. Introduction for
COVID-19 related delays).
Virtual meetings were held between 2020 and 2021 to develop the 2021 PPI. In addition to FEMA’s
six priority topic messages, three additional messages below were identified as important for Santa
Clara County. See Table 3 in the 2021 PPI: CRS Priority Messages for the complete list.
I. Encourage residents and workers to make a personal Family Emergency Plan.
II. Ask residents to download disaster apps; and
III. Urge drivers to slow down on wet roads and avoid driving through ponded water to reduce
traffic accidents.
The PPI Committee worked between the meetings to draft the 2021 PPI and review the extensive list
of outreach and flood response projects. (Attachment 2, which is Appendix A of the 2021 PPI)
Based on the PPI Committee’s evaluation of the 2015 PPI, the consensus was that most of the
2015 PPI flood risk reduction messages were still relevant, so only minor edits were
incorporated as needed. This became the basis for the 2021 PPI; therefore, no additional FEMA
review was required, as the 2015 PPI already ensured its provisions were fully compliant with
FEMA requirements.
The number of CRS points that the 2021 PPI activities will earn is determined by FEMA’s CRS
Specialist and Technical Reviewers in the Insurance Services Office (ISO). The PPI Committee
estimates that of the possible 350 points, participating communities could earn up to 300+/- points
per participating community for the PPI efforts.
Once Valley Water approved the 2021 PPI (5-Year Plan), the final document was provided to
the PPI Committee to present to their government bodies for adoption and implementation.
Table 1. Dates of PPI Adoption shows the 2021 PPI approval dates by agency (Community).
All 11 CRS participating communities have adopted the 2021 PPI as noted in Table 1 Dates
2021 PPI Adopted below. As non-participating communities are not in the CRS Program, they
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Annual Evaluation Report for FY22 (Year 1: July 2021 to June 2022)
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are not required to adopt the PPI. At this time, all non-participating communities have chosen
not to adopt the 2021 PPI.
Table 1. Dates 2021 PPI Adopted
Agency (Community) Date Presented Adoption*
Santa Clara Valley
Water District 4/27/21 X
City of Cupertino 8/17/21 X
City of Gilroy 7/01/21 X
City of Los Altos 7/13/21 X
Town of Los Altos Hills (non-CRS
community)
Not
required*
Not required*
Town of Los Gatos (non-CRS
community)
Not required* Not required*
City of Milpitas 5/18/21 X
City of Morgan Hill 6/16/21 X
City of Mountain View 6/22/21 X
City of Palo Alto 6/14/21 X
City of San Jose 11/16/21 X
City of Santa Clara 7/06/21 X
County of Santa Clara (non-CRS
community)
Not required* Not required*
City of Saratoga (non-CRS community) Not required* Not required*
City of Sunnyvale 6/29/21 X
Total Approved 11
*Non-CRS communities are encouraged to participate in PPI Committee activities and initiatives,
but are not required to adopt the PPI, nor report out in the Annual Evaluation Reports.
III. ANNUAL EVALUATION REPORTS
The 2021 PPI states that the PPI Committee will meet at least once yearly to evaluate the PPI and
incorporate any needed revisions. This meeting is coordinated in conjunction with the ongoing CRS
User’s Group meetings, which occur at least twice a year.
The evaluation will cover:
Ɣ Reviewing projects that were completed.
Ɣ Evaluation of progress toward outcomes.
Ɣ Recommendations on projects that have not been completed.
Ɣ Recommendations for new projects not previously identified.
Ɣ Target Audience changes; and
Ɣ Impact of the program during a real flood event if one has occurred.
The Annual Evaluation Report is prepared by the PPI Committee for submission with each CRS
community’s annual CRS recertification package (or schedule 5-year cycle visits). The report is then
shared with each CRS participating community’s governing body as an informational item.
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Packet Pg. 457 Attachment: Santa Clara County PPI Annual Evaluation Report for FY22 (3911 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for
Santa Clara County 2021 Multi-Jurisdictional Program for Public Information
Annual Evaluation Report for FY22 (Year 1: July 2021 to June 2022)
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Section V. 2022 Santa Clara County CRS Users Group/PPI Committee Meetings – Monitoring and
Evaluating the 2021 PPI of this report , summarizes the meetings held to develop the FY22 Annual
Evaluation Report (Year 1 of the 2021 PPI).
Table 2 below shows how each community expects to share the FY22 Annual Evaluation Report
with its governing body.
Table 2. How the 2021 PPI Annual Evaluation Report for FY22, Year 1 will be shared with Community’s Governing
Body
Community Method for Sharing*
Santa Clara Valley Water District Board Non-Agenda Item
City of Cupertino Consent Item Council Agenda
City of Gilroy Consent Calendar
City of Los Altos Council Consent Calendar or
Informational Staff Report
Town of Los Altos Hill (non-CRS
community)
Not required
Town of Los Gatos (non-CRS community) Not required
City of Milpitas Memo to City Council
City of Morgan Hill Council Consent Calendar
City of Mountain View Council Weekly Update “Council
Connection”
City of Palo Alto Informational Staff Report
City of San Jose Council Consent Calendar
City of Santa Clara Council Consent Calendar
County of Santa Clara (non-CRS
community)
Not required
City of Saratoga (non-CRS community) Not required
City of Sunnyvale City Manager’s “Update Sunnyvale”
*Non-CRS communities are not required to share the 2021 PPI Annual Reports with their governing bodies.
IV. 2021 PPI ACCOMPLISHMENTS FOR FY22
The PPI Committee identified three efforts needed from each CRS participating community for the 2021
PPI and to prepare and finalize subsequent Annual Evaluation Reports.
1. Governing bodies must adopt the 2021 PPI (Table 1. Dates 2021 PPI Adopted). The PPI
Committee must prepare Annual Evaluation Reports and share the reports with its governing body
as informational items.
2. For each fiscal year (July 1 - June 30) the communities must carry out and monitor the
implementation of the outreach/flood response projects identified in Attachment A CRS Creditable
Outreach and Flood Response Projects by CRS Community of the 2021 PPI. (Attachment 2)
3. The PPI Committee must review and consider the ‘New Initiatives’ identified in the 2021 PPI (page
66) for advancing flood risk reduction efforts.
Governing Bodies Approval: Including Valley Water, all 11 CRS participating communities’ governing
bodies adopted the 2021 PPI by the end of FY22. The approval dates are shown by agency
(Community) in Table 1. Dates of 2021 PPI Adopted noted above.
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Annual Evaluation Report for FY22 (Year 1: July 2021 to June 2022)
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Tracking System: The 2021 PPI is multi-jurisdictional and includes 15 agencies (11 CRS participating
communities and four non-participating communities). Tracking implementation is quite complex
compared to a single-agency PPI. As the informal lead, Valley Water continues to oversee the
record-keeping to ensure consistency throughout the county. An electronic file-sharing system,
Egnyte, is set up with folders for each community to file and share documents related to the 109
potential outreach/flood response projects identified in the 2021 PPI, and all CRS-related
documentation. This also includes a comprehensive spreadsheet tracking which projects were
accomplished in any given fiscal year, by the individual communities. This spreadsheet, along with
the Annual Evaluation Report, will be submitted with annual CRS recertifications or a part of
scheduled 5-year cycle visits.
Insurance Services Office (ISO) assigns credit for Valley Water outreach/flood response projects to all
Santa Clara County CRS participating communities’ ratings. Some communities also choose to carry
out and report on their own outreach/flood response projects, in addition to those of Valley Water.
These projects are shown on the composite spreadsheet and include input from each agency.
The PPI Committee discussed the benefits of using the Egnyte shared-filing system for tracking
the 2021 PPI outreach/flood response projects and all CRS-related documentation. The PPI
Committee also discussed the importance of ensuring each agency uploads their CRS
documentation regularly. These benefits are:
-Information Share/Knowledge Transfer: CRS participating communities can view each other’s
program documentation. When a community improves its CRS rating, another community can
access the documents submitted to determine how the CRS credited activities helped improve
the score.
-Document Repository: A central location for CRS-related documentation, organized to mirror
the CRS Coordinator’s Manual (by community/activity/element) proves helpful when a
community experiences staff turnover.
- Documentation Submittals: CRS documents are organized and easy to share with the CRS
Specialists conducting cycle visits and/or annual recertification.
Summary of PPI Projects Accomplished in FY22
The complete list of outreach/flood response projects is included as Attachment 2 of this Report,
listing all projects proposed in the 2021 PPI, with a “Project Accomplishments” column noting actions
taken during the first year of the PPI, FY22.
Audiences Projects Accomplished
Community at Large (CAL) 81 potential projects, 63 accomplished
Residents and Businesses in the
Special Flood Hazard Area (SFHA)
18 potential projects, 16 accomplished
Messengers to Other Target
Audiences (Organizations &
Businesses Serving the Community)
10 potential projects, 10 were accomplished
*Total Accomplished Projects 89 of 109
* Note: All projects carried out by CRS participating communities were accomplished in FY22.
Variance in the number of potential projects versus accomplished projects is due to no updates received from non-
participating communities, which is not required for this report.
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These numbers go well beyond the minimum requirements of the CRS Program, and we anticipate
all CRS participating communities will receive the maximum number of credits for our collective
efforts in FY22.
It is important to note that most public events in 2020 through 2022 were heavily impacted or
canceled due to shelter-in-place orders and the COVID-19 pandemic. Those events that were not
canceled were often redesigned for virtual participation or smaller, socially distanced groups.
Valley Water’s Outreach/Flood Response Projects
Annual Flood Awareness Campaign
Valley Water's FY22 Flood Awareness Campaign theme was "Flooding Can Happen During a Drought."
It launched after the 1Fourth National Climate Assessment was published; there could not have been a
better time to have this conversation. The federal report assessed that intense extreme weather and
climate-related events are becoming more frequent and will have catastrophic impacts on vulnerable
communities, infrastructure, ecosystems, and our economy. Extreme storm events could result in more
frequent and severe flooding in our region. Valley Water’s message emphasized its commitment to
reducing flood risks and protecting the community but acknowledging we cannot eliminate all risks.
Thus, our communities must adapt and prepare; and it starts with being informed and aware of risks.
An educational paid advertising campaign supplemented Valley Water’s community outreach effort.
This year, its advertising campaign was supported by a series of formative research to understand
target audiences, their awareness levels, and explore what educational messages and images most
appealed to them.
The Flood Awareness Campaign lasted four months, from mid-November 2021 to February 2022. The
paid advertisement campaign cost a total of $200,000.
Valley Water’s FY22 Annual Flood Awareness Campaign shifted from general digital and public space
advertising to a series of direct mailings to the 52,000 homes and businesses in Santa Clara County's
FEMA SFHA.
Valley Water sent three separate targeted mailers to all homes and businesses in or near a high-risk
flood area, as designated by the FEMA SHFA. The mailers were multilingual (English, Spanish,
Chinese, and Vietnamese) and are posted on Valley Water’s website.
1. Annual Floodplain Mailer
54,790 mailed on December 13-14, 2021
4,450 delivered to cities/county (Public Works and Planning Departments ) between
December 2021 – February 1, 2022
2. Multilingual Postcards with 9 CRS tips and links to flood preparedness webpages
52,502 mailed on October 29, 2021
3. “You Live in a Flood Zone–Do You Know What to Do Before, During, and After a Flood?” Trifold.
54,790 mailed on January 11, 2022
1 US Global Change Resource Program (USGCRP) has a legal mandate to conduct a state-of-the-science synthesis
of climate impacts and trends across U.S. regions and sectors every four years, known as the National Climate
Assessment (NCA).
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Annual Evaluation Report for FY22 (Year 1: July 2021 to June 2022)
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During FY22, Santa Clara County experienced a drought emergency. Valley Water’s annual Floodplain
Mailer reminded everyone that flooding can happen anytime it rains, and that climate change has made
extreme weather the new normal. Drought conditions can harden the ground and increase run-off to
streams and creeks during the first few days of heavy rain, increasing the risk of flooding. In addition,
the flood mailer showcased Valley Water's ongoing flood protection projects in areas susceptible to
flooding.
In FY22, the mailer featured QR codes, a magnet with important flood safety websites, a detachable
emergency phone list, and photos of our most recent flood protection projects.
The direct mailing strategy was developed after the 2020-2021 post-Flood Awareness Campaign poll
which indicated that only 29% of FEMA SFHA residents remembered receiving the annual Floodplain
Mailer, while recollection of other broad advertising efforts hovered lower. The outreach shift from
advertising to targeted mailings resulted in substantial savings while proving much more effective.
Valley Water also deployed a small-scale multilingual social media campaign, with the slogan "Flooding
can happen during a drought," on social media and the web platforms including Facebook, Instagram,
Google Ads, El Observador, Cali Today, and News for Chinese. The campaign launched in Winter
FY22, starting with the season's first rains in December 2021 and continuing through January 2022.
Digital ads targeted residents and commuters in or near the SFHA, using zip codes from published
FEMA flood maps.
A key strategy for the paid campaign was incorporating all 2021 PPI messages in Valley Water ads.
Staff crafted messages derived from Valley Water's annual Floodplain Mailer to residents in the SFHA.
Additionally, the Valley Water Board of Directors shared posts on Nextdoor highlighting the "Flooding
can happen during a drought" messaging and the nine CRS topics in Winter 2021. Valley Water posted
a flood preparedness blog on its website in November 2021 and a digital copy of the Floodplain Mailer.
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Campaign Results
Valley Water also used its monthly newsletter, news blog, and social media profiles to enhance flood
awareness efforts before and during forecasted storms starting as early as September. During the
length of the campaign and leading up to anticipated storm events, Valley Water posted flash flood
warnings, shared posts with critical messages about flood safety, and promoted the Flood Watch Tool
throughout the winter.
Valley Water’s flood protection resources page at ValleyWater.org/floodready serves as a hub of flood
safety information with icons leading to a series of related web pages, including information on flood
zone maps, signing up for emergency alerts, sandbags, reporting local flooding, and safety tips.
Of these subpages, the flood zone awareness page was the most accessed, which features a brief
explanation for determining if a home is in a FEMA-designated flood zone. It also features an
instructional YouTube tutorial for using FEMA's Map Service and a reminder that flooding can happen
anytime it rains.
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All communities were requested to add a link redirecting visitors to ValleyWater.org/floodready,
floodsmart.gov, and ready.gov from their respective flood protection resource pages or homepage.
All Santa Clara County communities received hard copies of Valley Water's Floodplain Mailer.
Valley Water shared a “Flood Follows Drought 2021-22 Flood Awareness Campaign Media Toolkit"
with the CRS communities. The toolkit provided links to the multilingual floodplain mailer, social media
graphics, messages for all nine flood awareness tips (PPI CRS message topics), and blog posts for all
Santa Clara County communities to use.
The 2021-2022 post-Flood Awareness Campaign survey found:
භ 59% recalled receiving mail with information about flood safety (29% in 2020-21).
භ 76% are confident they have taken all necessary precautions to protect themselves from floods
(64% in 2020-21).
භ 61% rate the job Valley Water is doing at keeping them informed as excellent, good, or fair (32%
in 2020-21).
භ 10% increase in food zone awareness over last year (now at 50-60% awareness).
භ 32% increase in recall of flood mailings vs. last year (now at 59% reach) with good recall amongst
Spanish, Mandarin, and Vietnamese speakers.
භ 58% of respondents clearly understood Valley Water’s three main calls to action (find your risk,
get flood insurance, develop a plan).
භ 12% increase in respondents who believe they have taken all steps to be ready for a flood (now at
76%).
භ 11% increase in respondents who have flood insurance (now at 51%).
භ 100% of high-risk residents in mobile home parks are aware of our messaging.
The results above demonstrate an effective campaign that is less expensive than general advertising,
yielding a savings of approximately $150,000 with more robust results. In the future, direct mailings to
the FEMA SFHA seem to be an alternative outreach strategy for the flood awareness campaign rather
than targeted advertising.
Valley Water discussed the new targeted mail approach with the PPI Committee and the Insurance
Services Office (ISO). All agreed with this strategy.
Valley Water Education Outreach Program
Valley Water’s Education Outreach includes flood awareness messaging in every program presented
year-round. A dedicated flood-focused program is offered from October through April, depending on
the rainfall situation on any given year.
Valley Water’s role as a flood protection agency is highlighted in all presentations, so that participants
in the Education Outreach Programs know that flood protection is one of Valley Water’s core objectives
in Santa Clara County.
The following are the Education Outreach efforts from October 2021 – March 2022.
Valley Water Flood Awareness Messaging
Flood awareness messaging is included in classroom presentations, STEAM (Science, Technology,
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Engineering, Art, and Math) programs, libraries, camps, and Wonders of Water Wednesday, an after-
school science program.
The following numbers represent the results of general flood protection messaging:
x 197 Presentations
x 4801 attendees
x 193 Educators
Flood-focused Programs
Education Outreach has two programs that focus on flood awareness and preparedness: “The Three
Little Pigs and The Bad Weather Wolf” and “Watershed Maps”.
The following numbers represent the results of Flood-focused Programs:
x 47 Presentations
x 986 attendees
x 54 Educators
Community Events
Due to the COVID-19 pandemic, countywide community events in FY22 were postponed.
CRS Participating Communities Outreach/Flood Response Projects
The PPI Committee identified the outreach/flood response projects for each community. The
implementation of these projects is reflected in the FY 2022 ‘Project Accomplishments’ column of
Attachment 2.
V. 2022 SANTA CLARA COUNTY CRS USERS GROUP/PPI COMMITTEE MEETINGS –
MONITORING AND EVALUATING THE 2021 PPI
Santa Clara County CRS Users Group/PPI Committee meetings were held on March 10, 2022, and
May 19, 2022. Agenda and attendance sheets for each meeting are included. (Attachments 3-6)
Attendance was good at both meetings and quorum was met with staff from the eleven CRS
participating communities. Staff from some non-participating communities, external stakeholders, and
other interested parties were also in attendance.
As required by CRS, the objective for the March and May meetings was to monitor the implementation
of the 2021 PPI and to determine if the desired outcomes were achieved, as well to discuss if any
changes to the 2021 PPI were needed to complete this Annual Evaluation Report. The PPI Committee
agreed that the 2021 PPI messaging and projects would remain the same for the duration of the 2021
PPI, which sunsets in 2026.
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At the March 10, 2022 meeting, a draft Project Accomplishment PPI Annual Evaluation Report for FY22
was shared with the communities to review.
The PPI Committee:
භ Assessed whether the desired outcomes of the 2021 PPI were achieved in FY22, and what, if
anything, should be changed.
භ Discussed which communities have adopted the 2021 PPI and that conformed/enacted copy
of their agenda items related to submitting the 2021 PPI to their respective governing bodies
should be uploaded into Egnyte and a copy sent to Valley Water.
භ Provided instruction on how communities will submit updates to Appendix A of the 2021 PPI to
Valley Water for consolidating report.
භ Communities were informed that all updates were due by the next CRS Users Group Meeting
or sooner.
An ISO CRS Specialist shared best practices for Verification Cycle Visits. The specialist also reviewed
updated/new/modified prerequisites for CRS Classes 6, 8, and 9, per the Addendum to the 2017 CRS
Coordinator’s Manual (Edition 2021) which went into effect January 1, 2021.
Lastly, to comply with CRS Activity 350 - Flood Protection Information, Element c). Flood Protection
Website, from the CRS Coordinator's Manual, CRS participating communities were reminded to ensure
to review their flood information landing page monthly, to verify all links are valid and annually, to
ensure content is still relevant and current.
At the May 19, 2022 meeting, the PPI Committee discussed the 2021 PPI Annual Evaluation Report for
FY22, reminding the group that the report will be due during scheduled 5-year cycle visits (for Cities of
Gilroy and Morgan Hill) or as part of communities’ annual CRS recertification package which are due on
August 1, 2022.
Valley Water Communications staff presented an overview of the 2021-2022 Flood Awareness
Campaign, including the Floodplain Mailer that was mailed in December 2021 to all addresses in the
FEMA Special Flood Hazard Area (SFHA), as well as to city/town/county managers, public works and
planning directors, and the communities’ CRS staff.
Additionally, Valley Water Communications staff also shared the FY22 post-campaign polling results
with results. Valley and the PPI Committee determined that future flood awareness campaigns have an
opportunity for expanded outreach to renters of both single-family homes and multi-family units, as well
as providing localized historical flood information and outreach materials in public spaces.
Valley Water CRS staff shared information on the Department of Water Resources (DWR) statewide
agency coordination calls scheduled to begin by July 2022. The DWR calls lead up to the
2022 California Flood Preparedness Week (CFPW) that is held annually each October (s pecific dates
for October 2022 to be announced). We shared Valley Water's experience in participating on these
calls, including the benefits of learning about CFPW, ways to participate, setting up lobby displays for
the public, and how to access available resources for public events.
All communities were strongly encouraged to participate this year, including presenting a Resolution
(Valley Water’s template available, upon request) to their respective city councils to adopt CFPW, and
to forward the information to their communication and emergency service teams.
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We also discussed Valley Water’s plan to provide all communities with ‘emergency starter kits’ and
‘flood event kits’ for their use as plans to recommence booth support at various city-hosted events,
safety fairs, etc. These resources will ensure our messaging and information on how to ‘Get Flood
Ready’ is uniformed throughout the county.
The consensus of the PPI Committee is that our 2021 PPI implementation is on target and that no
changes are needed. Cities who have had the PPI approved by their elected officials reported
receiving strong support.
This Annual Evaluation Report is the first report for the 2021 PPI to document our outreach project
activities.
VI. FUTURE MESSAGING – Other New Initiatives
The PPI committee identified several new initiatives:
1. Continue and expand the standardized flood message prepared for each community to include
flood messages in utility bills yearly, including PG&E.
2. Expand on partnerships with local chambers of commerce to disseminate and share flood
preparedness information.
3. Expand on outreach to the Asian and Latino communities who live in flood-prone areas.
4. Expand on outreach to “hot spot” flood-prone areas by hosting on-site or virtual events.
5. Expand on reaching local homeowners associations (HOA)s and apartment associations
(i.e., Executive Council of Homeowners [ECHO]).
6. Expand on reaching residents in marginal and low-income communities through partnering
with organizations that reach these communities (i.e., Second Harvest Food Bank and others).
7. Communities could pursue FEMA Matching Funds Grants for severe Repetitive Loss Areas.
8. Review and expand other public information activities, such as Flood Protection Assistance
(Activity 360) and Flood Insurance Promotion (Activity 370).
9. Develop a region-wide Flood Response Preparations (FRP) messaging plan.
The messages that the PPI Committee originally chose are still relevant to Santa Clara County. The
committee will continue to increase its efforts to encourage people to prepare personal/family
emergency plans and be flood-ready. This will be incorporated into the flood preparedness outreach
that is done every fall. The PPI Committee will also continue coordinating efforts with the Valley
Water’s Education Outreach Program to promote flood preparedness in local schools.
The PPI Committee recommends continued use of social media for messaging. Mobile usage among
individuals has increased exponentially over the years and online platforms are rapidly adjusting to
mobile-friendly standards. This provides an excellent opportunity to modernize campaign ad efforts by
utilizing social media and digital advertising to increase exposure and reach a greater number of
residents in Santa Clara County. Furthermore, these modern advertising methods allow for
specialized demographic targeting to allow reaching a narrow and defined audience, improving the
ability to effectively reach vulnerable populations.
In support of our preparedness messaging, the PPI Committee will continue to promote the
importance of having family emergency plans and emergency kits ready to go before an
emergency/flood event occurs.
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In October 2021, Valley Water partnered with Second Harvest Food Bank of Silicon Valley, to
distribute 2,000 emergency preparedness starter kits of emergency supplies to underserved
communities.
The PPI Committee will continue to promote the American Red Cross All-Hazard App which monitors
alerts for severe weather, including floods, and the Floodsmart.gov and Ready.gov websites. The
communities will distribute American Red Cross Emergency Contact Cards at events throu ghout the
county.
VII. CONCLUSION
Overall, the CRS Users Group/PPI Committee successfully implemented the 2021 PPI in FY22. The
2021 PPI allowed participating communities to mutually decide which flood risk reduction messages
are most appropriate and identified means by which messages are delivered. The objectives of
participating in the 2021 PPI are to enhance the effectiveness of the flood risk messages to
residents, reduce flood risks within the county, and earn valuable CRS credit points when identified
projects are implemented by communities.
The CRS Users Group/PPI Committee will continue their work efforts through FY23.
_______________________________________________________________________________________________________
Attachments for submission to Valley Water Board, City Councils/Managers, and FEMA as part of
2022 Verification/Recertification Package, as required:
1. Members of the Santa Clara County Multi-Jurisdictional 2021 PPI Committee
2. Appendix A from 2021 SC County Multi-Jurisdictional PPI noting FY22 Project Accomplishments
3. March 10, 2022 Santa Clara County CRS Users Group Meeting Agenda
4. March 10, 2022 Santa Clara County CRS Users Group Meeting Attendance Sheet
5. May 19, 2022 Santa Clara County CRS Users Group Meeting Agenda
6. May 19, 2022 Santa Clara County CRS Users Group Meeting Attendance Sheet
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Table 1. Members of the Santa Clara County Multi-Jurisdictional 2021 PPI Committee
Community Local Government
Representative and Alternates External Stakeholders
County of
Santa Clara
Chris Freitas, Sr. Civil Engineer
Neville R. Pereira, PE, Development Services
Manager, Department of Planning and
Development, Floodplain Manager
Marsha Hovey, CADRE Board Chair
Cupertino Chad Mosley, Assistant Public Works Director/City
Engineer, Public Works Department, Floodplain
Manager
Jennifer Chu, Senior Civil Engineer
Public Works Department
Jim Oberhofer, Emergency Coordinator
Cupertino ARES/RACES
Gilroy Gary Heap, City Engineer
Public Works Department
Jorge Duran, Senior Civil Engineer, Floodplain
Manager Public Works Department
Merna Leal, City of Gilroy resident
Los Altos Steven Golden, Senior Planner, Floodplain
Manager
Andrea Trese, Associate Civil Engineer
Christopher Wilson,Operations
Manager, Los Altos Suburban District,
California Water Company
Los Altos Hill Carl Cahill, City Manager, Floodplain Manager
Nichol Bowersox, Public Works Director/
City Engineer
Christine Hoffmann, Assistant Engineer (DPW)
Phil Witt, General Manager Purissima
Hills Water District
Los Gatos WooJae Kim, P.E, Town Engineer
Parks and Public Works, Floodplain Manager
Annamaria Swardenski, Swardenski
Consulting
Milpitas Steven Erickson, City Engineer/Engineering
Director, Floodplain Manager
Kan Xu, Principal Civil Engineer,
Engineering Land Development Section
Brian Petrovic, Associate Civil Engineer
Engineering Land Development Section
Elizabeth Koo, Administrative Analyst, Engineering
Land Development Section
Warren Wettenstein, Chairman of the
Economic Development & Trade
Commission and President of the
Milpitas Chamber
Morgan Hill Maria Angeles, Senior Civil Engineer, Floodplain
Manager, CFM
Charlie Ha, Supervising Civil Engineer
Engineering & Utilities Department
Swanee Edwards, City of Morgan Hill
resident
Mountain View Renee Gunn, Senior Civil Engineer, Public Works
Department
Gabrielle Abdon, Assistant Engineer, CFM
Kevin Conant, PG&E
Palo Alto Rajeev Hada, Project Engineer, CFM
Public Works Department, Engineering Services
Division, Floodplain Manager
Dan Melick, CERT Volunteer
City of Palo Alto resident
San José Arlene Lew, Principal Engineering Technician
Vivian Tom, Senior Transportation Specialist
Department of Public Works Development Services
Division
Shari Carlet, City of San José resident,
certified Floodplain Manager
Santa Clara Evelyn Liang, Senior Civil Engineer
Falguni Amin, Principal Engineer
Public Works – Engineering
Kevin Moore, Retired City Council
member
Saratoga David Dorcich, PE, QSP/D, Associate Civil
Engineer, Community Development Department,
Floodplain Manager
Rebecca Gallardo, Real Estate Agent
for Intero, a Berkshire Hathaway Affiliate,
servicing all areas of the Bay Area
Sunnyvale Tamara Davis, Senior Management Analyst Jeff Holzman, Director, Real Estate
District Development Google
Agnes Veith, City of Sunnyvale resident
Valley Water Trisha Howard, Program Administrator
Paola Giles, Public Information Representative III
Sherilyn Tran, Office of Civic Engagement Unit
Manager
Nikki Rowe, American Red Cross
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1
Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community
Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities
Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule
3
Stakeholder
FY 2022
Project Accomplishments
INPUT HERE ONLY
Community At Large
(CAL)
-Multilingual
Communities
-Groups with Special
Evacuation Needs
-New Residents,
Visitors and Tourists
Topic 1: Know your flood hazard
Message 1A - Know your flood risk
Message 1B - Contact your floodplain manager to find out if your
property is in a floodplain
Message 1C - Check if your home or business is in a Special Flood Hazard
Area
Topic 2: Insure your property for your flood hazard
Message 2A - Get flood insurance ahead of time
Message 2B – Insure your property
Message 2C – There is a 30-day waiting period for the policy to take
place
Topic 3: Protect people from the flood hazard
Message 3A - Put your 3-day emergency kit together
Message 3B - Follow evacuation orders
Message 3C – Learn the best route to high ground
Topic 4: Protect your property from the flood hazard
Message 4A - Protect your property from the flood hazard
Message 4B - Prepare your home
Message 4C - Sandbags can offer protection against a foot or less of
floodwater
Message 4E - Get sandbags before a flood
Topic 5: Build responsibility
Message 5A - Build responsibly in floodplains
Message 5B - Comply with development requirements
Message 5C - Check with your local floodplain manager before you build
Topic 6: Protect natural floodplain functions
Message 6A -Keep creeks clean and flowing
Message 6B - Keep debris and trash out of our streams
Message 6C - Don’t pollute, dump, or drain anything in creeks
Educate our community
on flood protection and
preparedness measures
(VW OP #01) Multi-language Countywide Mailer (CWM) to every postal address in
Santa Clara County (Topics 1-5 and 7, 8)
Valley Water
Communications
Each late
October or
November
All Santa Clara
County CRS
Communities
Valley Water’s annual August 2021 Countywide Mailer
(CWM) was sent between August 24 - August 27, 2021,
countywide to 735,282 addresses (USPS: ECRWSS -
Extended/Enhanced Carrier Route Walking Sequence
Saturation Postal Customer). The CWM includes flood
protection and preparedness measures information,
including FEMA map reading services, getting flood
insurance, family emergency plans, downloading
emergency preparedness app “Ready SCC,” and where to
get sandbags.
Cupertino supports and promotes Valley Water’s
outreach projects.
Gilroy: A utility bill insert was sent to every address in
Gilroy in April 2022.
Los Altos supports and promotes Valley Water’s outreach
efforts.
Milpitas: A utility bill insert was sent to every address in
Milpitas on 12/10/21. This was sent out in four languages
(English, Spanish, Vietnamese and Chinese).
Mountain View sent out Valley Water’s Get Flood Ready
flier as a utility billing insert to every City utility customer
between 9/6/2021 and 10/25/2021.
Palo Alto supports and promotes Valley Water’s outreach
project.
The City of Santa Clara supports and promotes Valley
Water’s outreach efforts.
1 Message Topics: Outreach Projects (OP): Topic 1 – Know your flood hazard; Topic 2 – Insure your property for your flood hazard; Topic 3 – Protect people from the flood hazard; Topic 4 – Protect your property from the hazard; Topic 5 – Build responsibly;
Topic 6 – Protect natural floodplain functions; Topic 7 – Develop a Family Emergency Plan; Topic 8 – Download disaster Apps; Topic 9 – Understand shallow flooding risks – “Don’t drive through standing water.”
Flood Response Preparations (FRP): What to Do Before, During and After a Flood/Storm
2 Each September, all deliverables need to be reported to Valley Water for tracking purposes.
3 A stakeholder can be any agency, organization, or person (other than the community itself) that supports the message. Stakeholders can be: an insurance company that publishes a brochures on flood insurance, even if it is set out at City Hall; a local newspaper that publishes a flood or hurricane season
supplement each year; FEMA, if, for example, a FEMA brochure is used as an informational material; schools that implement outreach activities; a local newspaper; a neighborhood or civic association that sponsors and hosts a presentation by a community employee; a utility company that includes pertinent
articles in its monthly bills; or presentations made by state or FEMA staff at a Risk Map meeting.
ATTACHMENT 2
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Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community
Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities
Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule
3
Stakeholder
FY 2022
Project Accomplishments
INPUT HERE ONLY
Topic 7: Develop a Family Emergency Plan
Message 7A: Develop an emergency plan
Topic 8: Download disaster Apps
Message 8A - Download disaster emergency apps
Topic 9: Understand shallow flooding risks – don’t drive through standing
water
Message 9A - Understand shallow flooding risks - don’t drive through
standing water
FEMA’s message: “Turn Around Don't Drown®.”
(VW OP #02) Distributes a soft copy of our Flood Safety Tips brochure for all SCC
CRS communities’ use (print hard copies to distribute at events and/or post of flood
preparedness webpages) (Topics 1-9)
Valley Water
Communications
Annually,
November/
December
All Santa Clara
County CRS
Communities
Valley Water shared a “Flood Follows Drought 2021-22
Flood Awareness Campaign Media Toolkit" with the CRS
communities in November 2021. The toolkit provided
links to the multilingual floodplain mailer, social media
graphics, messages for all nine flood awareness tips (PPI
CRS message topics), and blog posts for all Santa Clara
County communities to use.
Cupertino distributes copies of Valley Water’s Flood
Safety Tips at various fairs/events (i.e., Earth Day Festival)
and provides additional copies for the public on display at
City Hall. Cupertino also has a direct link to Valley
Water’s annual mailer and Flood Ready webpage on the
City’s “Citizen Preparedness” webpage.
Los Altos distributes brochures available at city hall,
library, and community center. They are also distributed
at community events (emergency training, wine stroll,
etc.).
Palo Alto promotes and distributes Valley Water’s Flood
Safety Tips at fairs and provides as an informational item
on Utility Inserts sent every year.
The City of Santa Clara has hard copy brochures available
at city hall and central library. Planning to distribute at
yearly art & wine festival as well.
(CUP OP #03) Flood notice in the local newsletter, “The Cupertino Scene” (Topics 1-
9)
City of Cupertino Each October or
November issue
N/A Cupertino published the annual flood preparation article
in the November 2021 issue of “The Cupertino Scene”.
(LA OP #04) Two (2) newspapers ads, in the Los Altos Town Crier (Topics 1-5) City of Los Altos Each fall N/A Los Altos published two newspaper ads titled “Assess
Your Flood Risk and Flood Insurance Availability” on
10/20/21 and 10/27/21 in the Los Altos Town Crier.
(LAH OP #05) The town’s “Our Town” quarterly newsletter includes information on
flood preparedness. The newsletter is mailed out town-wide and is also available
online on the town’s website (Topics TBD during cycle visit)
Town of Los
Altos Hills
Each fall N/A Town of Los Altos Hills: No update available - non-CRS
participating community.
(LAH OP #06) The town distributes various flood preparedness and safety materials
at events, including Valley Water’s annual floodplain mailer and promotional item
(e.g., emergency starter kits, Get Flood Ready Emergency Supply Checklist tote
bags, etc.), FEMA flood insurance information, ReadySCC, and American Red Cross
Flood apps, AlertSCC, sandbag guidelines, flood protection project-specific notices,
FEMA NFIP materials, and preparedness activity/coloring books, etc.) to the public
Town of Los
Altos Hills
Annually, spring
and late
summer
N/A Town of Los Altos Hills: No update available - non-CRS
participating community.
(MIL OP #07) “Flood Public Advisory” brochure to community at large (Topics 1-6) City of Milpitas Each December
or January
N/A Milpitas: A utility bill insert was sent to every address in
Milpitas on 12/10/21. This was sent out in four languages
ATTACHMENT 2
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Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community
Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities
Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule
3
Stakeholder
FY 2022
Project Accomplishments
INPUT HERE ONLY
(English, Vietnamese, Spanish, and Chinese).
(MH OP #08) Sends a citywide “Flood Report” brochure (Topics 1-9) City of Morgan
Hill
Annually, close
to or during the
start of the
rainy season
N/A Morgan Hill mailed out citywide the “2021 Flood Report”
brochure between 8/26/2021 and 9/2/2021.
(MV OP #09) Sends “The View” citywide newsletter, Winter version, includes
information on flood risk, flood safety, and the importance of buying flood
insurance (Topics 1-9)
City of Mountain
View
Fall newsletter
edition
N/A Mountain View published the Volume 2, 2021 edition of
the View in September 2021 that featured information on
flood awareness, flood insurance, and preparing for the
winter storm.
(MV OP #10) Mails a utility bill insert to all resident and businesses that contains
information on flood risk, flood safety, and the importance of buying flood
insurance (Topics 9)
City of Mountain
View
Between July -
September
N/A Mountain View sent out Valley Water’s Get Flood Ready
flier as a utility billing insert to every City utility customer
between 9/6/2021 and 10/25/2021.
(PA OP #11) Sends the “Are You Ready for Winter Storms?’ flier (aka utilities insert)
to all residents and businesses in the City, along with their utility bills (Topics 1-9)
City of Palo Alto Each Fall N/A Palo Alto sent “Are You Ready for Winter Storms?” fliers
to all residents and businesses along with their utility bills
in September 2021.
(PA OP #12) Sends out utility announcement, “Anytime it can rain, it can flood.
Don’t get caught off-guard” (Topics 1, 2,3, 4, 5, 6, 7, & 9 – will pursue adding other
topic)
City of Palo Alto Each
March/April
N/A Palo Alto sent a utility announcement as an informational
announcement on utility bills in March 2021.
(PA OP #13) The city distributes various flood preparedness and safety documents,
including FEMA NFIP materials for public/policyholders
City of Palo Alto Year Round N/A Palo Alto distributes flood preparedness documents every
year during the Earth Day event and Palo Alto’s MSC
Open House.
(SC OP #14) Mails out a citywide newsletter for residents and businesses called
“Inside Santa Clara” (Topics 1-9)
City of Santa
Clara
Each fall N/A Santa Clara: Citywide newsletter was sent to residents
and is available on the city website in November 2022.
Educate our community
on flood protection and
preparedness measures
Increase in ‘hits’ on
Valley Water and
communities Flood
Protection Resources
webpage
____________________
__
These website projects
are credited under
Activity 350 – Flood
Protection Information,
element c). Flood
protection website
(WEB),
(VW OP #15) Flood Ready webpage: Flood & Safety, Flood Protection Resources,
includes floodplain and countywide mailers
https://www.valleywater.org/floodready
Valley Water Year Round All Santa Clara
County CRS
Communities
Valley Water’s flood protection resources landing page
includes the most current version of the annual floodplain
and countywide mailers.
Cupertino’s Flood Section under the “Citizen
Preparedness” webpage has a link that redirects to Valley
Water’s Flood Ready landing page.
Gilroy’s “Flood Management” and “Emergency
Preparedness” web pages link to Valley Water’s Flood
ready landing page.
Los Altos’ “Floodplain Management Information” web
page links to Valley Water’s Flood Ready web page.
Palo Alto’s “Flood Information and Winter Storm
Preparedness” webpage redirects to Valley Water’s Flood
Ready landing page.
ATTACHMENT 2
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4
Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community
Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities
Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule
3
Stakeholder
FY 2022
Project Accomplishments
INPUT HERE ONLY
not credited under
Activity 330
Note: To receive any
WEB credit, the
community’s website
must meet the following
criteria:
The community must
check the website’s links
at least monthly, and fix
those that are no longer
accurate. At least
annually, the community
must review the content
to ensure that it is still
current and pertinent
(ALL OP #16) All communities’ website flood protection resources webpage
includes language that contains the three additional PPI priority messages noted
below:
7. Develop an emergency plan
8. Download disaster apps
9. Understand shallow flooding risks––don’t drive through standing water
All Santa Clara
County
Communities
Year Round N/A Valley Water’s flood protection resources landing page
includes the top 6 CRS priority topic messages, as well as
the 3 additional messages identified in the 2021 PPI (page
45).
Cupertino’s Flood Section under the “Citizen
Preparedness” webpage includes the CRS 9 topics.
Gilroy’s “Emergency Preparedness” webpage includes the
CRS 9 topics. Additionally, several posts on Email Express
and social media were shared with this messaging.
Morgan Hill’s “Flood Information, Floodplain
Management” webpage includes a link to the “2021 Flood
Report” that includes the CRS 9 topics.
Palo Alto’s utility insert includes all three additional PPI
priority messages, and the Flood Information and Winter
Storm Preparedness website has a link to the utility insert
which shows the three additional PPI.
City of Santa Clara’s “Flood Protection Information” web
page includes resources for preparedness.
(SCC OP #17) Hosts a “Storm and Flood Information and Resources” webpage
available for all residents in the county, includes re-directing to
www.floodsmart.gov https://www.sccgov.org/sites/opa/Pages/storm.aspx
Santa Clara
County Office of
Public Affairs
Year Round N/A Santa Clara County: No update available - non-CRS
participating community
(SCC OP #18) Hosts a “Flood Safety Information” webpage, includes re-directing to
www.valleywater.org/floodready https://cpd.sccgov.org/flood-safety-information
Santa Clara
County
Consumer
Protection
Division
Year Round N/A Santa Clara County: No update available - non-CRS
participating community
(SCC OP #19) Hosts a “Be a Prepared Community Member” webpage that includes
emergency preparedness information
https://emergencymanagement.sccgov.org/be-prepared-community-member
Santa Clara
County Office of
Emergency
Management
Year Round N/A Santa Clara County: No update available - non-CRS
participating community
(SCC OP #20) Hosts a “People with Access and Functional Needs (AFN)” webpage
https://emergencymanagement.sccgov.org/people-access-and-functional-needs-
afn
Santa Clara
County Office of
Emergency
Management
Year Round N/A Santa Clara County: No update available - non-CRS
participating community
ATTACHMENT 2
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5
Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community
Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities
Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule
3
Stakeholder
FY 2022
Project Accomplishments
INPUT HERE ONLY
(CUP OP#21) Hosts a “Citizen Preparedness” webpage that includes emergency
preparedness information, includes re-directing to Valley Water’s
www.valleywater.org/floodready webpage
https://www.cupertino.org/residents/community-services-programs/emergency-
services/citizen-preparedness
City of Cupertino
Office of
Emergency
Services
Year Round N/A Cupertino continues to maintain the Flood Section under
the “Citizen Preparedness” webpage, including a link that
redirects to Valley Water’s Flood Ready webpage.
(GIL OP #22) The city hosts an “Emergency Preparedness” webpage Emergency
Preparedness | Gilroy, CA - Official Website (cityofgilroy.org) (listed in Appendix B)
City of Gilroy
Fire Department
Year Round N/A Gilroy continues to maintain an “Emergency
Preparedness” webpage, including a link that redirects to
Valley Water’s Flood Ready landing page, the National
Weather Service webpage, and the City’s Flood
Management webpage. The Emergency Preparedness
webpage is reviewed once a month and updated as
needed.
(LA OP #23) The city’s Public Works Department hosts a ‘Flood Zone Information’
webpage on its website (listed in Appendix B)
https://www.losaltosca.gov/publicworks/page/flood-zone-information
City of Los Altos
Public Works
Department
Year Round N/A Los Altos: The webpage is updated as needed. The
webpage has been updated and new URL is:
https://www.losaltosca.gov/publicworks/page/floodplain
-management-information
(LAH OP #24) The town hosts a “Flood Information” webpage on the town’s
website. This webpage includes information on the PPI nine topics, including a
supporting message. The webpage redirects to the following key resource
websites: www.valleywater.org/floodready, www.floodsmart.org, www.ready.gov,
and www.weather.gov
Town of Los
Altos Hills
Year Round N/A Town of Los Altos Hills: No update available - non-CRS
participating community
(LG OP #25) The town’s website encourages residents and businesses to purchase
flood insurance and redirects visitors to www.floodsmart.gov
Town of Los
Gatos
Year Round N/A Town of Los Gatos: No update available - non-CRS
participating community
(MIL OP #26) The city’s’ website has a “Flood Information” webpage that contains
information on several of the PPI message topics; the webpage also redirects to
Valley Water, FEMA, NOAA, www.floodsmart.gov, www.Ready.gov, and USGS
webpages
The city’s website also has a “Important Flood Hazard Information” webpage that
contains information on several of the PPI message topics; the webpage also
redirects to Valley Water, FEMA, NOAA, www.floodsmart.gov (listed in Appendix B)
https://www.ci.milpitas.ca.gov/milpitas/departments/engineering/flood-
information/
City of Milpitas
Engineering
Department
Year Round N/A Milpitas: On-going. Link:
https://www.ci.milpitas.ca.gov/milpitas/departments/en
gineering/flood-information/
(MH OP #27) The city’s website has a “Flood Information, Floodplain Management”
webpage that contains city’s flooding information which redirects to their
Floodplain Management page and includes a link to the city’s annual “Flood
Report.” The webpage redirects Valley Water’s flood ready webpage and also
contains FEMA flood information http://www.morgan-hill.ca.gov/747/Flood-
Information
Floodplain Management | City of Morgan Hill, CA - Official Website
City of Morgan
Hill
Engineering Land
Development
Year Round N/A Morgan Hill’s “Flood Information, Floodplain
Management” webpage includes a link to the “2021 Flood
Report” brochure.
ATTACHMENT 2
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6
Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community
Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities
Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule
3
Stakeholder
FY 2022
Project Accomplishments
INPUT HERE ONLY
(MH OP #28) The city’s website has an “Emergency Preparedness’ webpage (listed
in Appendix B) http://www.morgan-hill.ca.gov/133/Emergency-Preparedness
City of Morgan
Hill Police
Department
Year Round N/A Morgan Hill continues to maintain its “Emergency
Preparedness” webpage. In February 2021, a link to the
City’s Office of Emergency Services’ (OES) ” Do 1 Thing”
emergency preparedness campaign was added to the
“Emergency Preparedness” webpage. The “Do 1 Thing” is
a 12-month program with a goal of assisting the
community to be better prepared for emergencies and
disasters.
(MV OP #29) Hosts a “Flood Protection and Insurance Information” webpage on its
website (listed in Appendix B)
www.mountainview.gov/depts/pw/flood_protection.asp
City of Mountain
View Public
Works
Department
Year Round N/A Mountain View continues to maintain its flood protection
webpage.sa
(PA OP #30) Hosts a “Floodplain Management” webpage (listed in Appendix B)
https://www.cityofpaloalto.org/gov/depts/pwd/stormwater/floodzones.asp
City of Palo Alto
Public Works
Department
Year Round N/A Palo Alto has a “Floodplain Management” webpage that
has all relevant information regarding flood plain
management topics.
(PA OP #31) Hosts a “Flood Safety Tips” webpage www.cityofpaloalto.org/storms;
flood_safe_11-16.cdr (cityofpaloalto.org)
City of Palo Alto
Public Works
Department
Year Round N/A Palo Alto’s “Flood Information and Winter Storm
Preparedness Webpage” has links to the “Flood Safety
Tips” flier.
(PA OP #32) Hosts a ‘Creek Monitor’ webpage (listed in Appendix B)
https://www.cityofpaloalto.org/gov/depts/pwd/creek_monitor/default.asp
City of Palo Alto
Public Works
Department
Year Round N/A Palo Alto hosts a real time creek monitor webpage that
warns residents of imminent danger of flooding.
(PA OP #33) Hosts a “Flood Information and Winter Storm Preparedness” webpage
which contains useful information for flood readiness (listed in Appendix B)
https://www.cityofpaloalto.org/services/public_safety/flood_information_winter_s
torms/default.asp
City of Palo Alto
Office of
Emergency
Services
Year Round N/A Palo Alto’s “Flood Information and Winter Storm
preparedness” website has useful information on flood
preparedness for before storm, during storm and after
storm.
(SJ OP #34) The city’s webpages includes a “Flood Hazard Zones” webpage which
includes information of flood preparedness https://www.sanjoseca.gov/your-
government/departments/public-works/development-services/floodplain-
management
City of San Jose
Public Works,
Development
Services
Year Round N/A San Jose: Website includes flood zone and flood smart
information
(SC OP #35) The city’s “Flood Protection Information” webpage contains valuable
information on flood related topics https://www.santaclaraca.gov/our-
city/departments-g-z/public-works/engineering/flood-protection (also listed in
Appendix B)
City of Santa
Clara
Year Round N/A Santa Clara: Website is updated and maintains flood topic
information
(SAR OP #36) The city’s website encourages residents/businesses to purchase flood
insurance and redirects visitors to www.floodsmart.gov
City of Saratoga Year Round N/A Saratoga: No update available - non-CRS participating
community
(SAR OP #37) The city has a “Staying Safe, Winter Storms” webpage. They have also
linked the city’s Winter Storms webpage to Valley Water’s Flood Ready webpage
https://www.saratoga.ca.us/218/Winter-Storms
City of Saratoga Year Round N/A Saratoga: No update available - non-CRS participating
community
(SUN OP #38) The city has a “Flood Protection” webpage Sunnyvale, CA - Flood
Protection (listed in Appendix B)
City of Sunnyvale Year Round N/A Sunnyvale: The City continues to maintain its flood
protection website.
ATTACHMENT 2
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7
Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community
Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities
Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule
3
Stakeholder
FY 2022
Project Accomplishments
INPUT HERE ONLY
Topics 1-9 and supporting messages
Flood Awareness Media Campaign, including social media
Educate our community
on flood protection and
preparedness measures
(VW OP #39) Conducts a flood awareness media campaign, reaching the
community at large, including our multilingual community. Many of the Santa Clara
County CRS Communities recognize Valley Water’s Flood Awareness Campaign and
link it on their community’s flood information web page and redirect to Valley
Water’s Flood Ready webpage (Topics 1-9)
Campaign features social media videos and postings on various platforms (i.e.
Facebook, Twitter, Instagram, Nextdoor, etc.), digital banners, newspaper
advertorials, radio ads, billboards, utility bill inserts for communities to use,
communities redirect to ValleyWater.org/FloodReady and television/mobile ads
targeting residents who live in flood-prone areas and multilingual ethnic
communities
Valley Water
Communications
Annually, for
the duration of
the rainy
season,
typically from
November to
April
All Santa Clara
County CRS
Communities
Valley Water: In addition to social media outreach, in lieu
of a Flood Awareness Campaign, Valley Water mailed out
3 targeted pieces to addresses in the SFHA. All outreach
projects included the 9 CRS topics and were
multilanguage.
1. FPM – 60,790 were printed; 4,450 were given to the
cities/county (Public Works and Planning Departments)
between December 2021 – February 1, 2022; 54,790
were mailed on December 13-14, 2021; The FPM is
posted on Valley Water’s website
2. Postcard – 55,000 were printed; 52,502 were mailed on
10/29/21 (need soft copy of postcard)
3. “You Live in a Flood Zone – Do You Know What to Do
Before, During, and After a Flood?” trifold: 54,790
mailed on January 11, 2022
We received the results of the 2021-22 Flood Awareness
Probolsky Poll. The results below point to an effective
campaign that was less expensive than general
advertising, yielding a savings of about $150,000 with
stronger results. Going forward, direct mailings to the
FEMA SFHA seem to be a good outreach strategy for the
flood awareness campaign vs. targeted advertising.
Some highlights:
භ 28% increase in those who believe that Valley Water
is doing an excellent job in keeping them informed
of a flood (now 87% believe we do an excellent,
good or fair job).
භ 10% increase in food zone awareness over last year
(now at 50-60% awareness).
භ 32% increase in recall of flood mailings vs. last year
(now at 59% reach) with good recall amongst
Spanish, Mandarin and Vietnamese speakers.
භ 58% of respondents clearly understood our 3 main
calls to action (find your risk, get flood insurance,
develop a plan).
භ 12% increase in respondents who believe they have
taken all steps to be ready for a flood (now at 76%).
භ 11% increase in respondents who have flood
insurance (now at 51%).
භ 64% Believe home is prepared for a flood (100% of
Chinese, 75% of Vietnamese believe they are ready).
භ 100% of high-risk residents in mobile home parks are
aware of our messaging.
ATTACHMENT 2
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8
Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community
Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities
Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule
3
Stakeholder
FY 2022
Project Accomplishments
INPUT HERE ONLY
භ Very good results amongst Asian respondents on all
areas of polling.
Areas for growth:
භ We have an opportunity for future outreach to
renters of both single-family homes and multi-family
units.
Los Altos included an insert provided by Valley Water to
all residents and businesses via a refuse collection bill
insert in October and December 2021.
(VW OP #40) As part of the flood awareness campaign, a ‘Get Flood Ready, Social
Media and Web Resources Guide’ is provided to all cities/county in Santa Clara
County for their use as part of their outreach efforts
Valley Water Upon the
completion of
the annual FPM
All Santa Clara
County CRS
Communities
Valley Water: Provided all cities/county its social media
and web resources guide in November 2021.
Cupertino posted a series of social media posts during
Flood Preparedness Week in October 2021 using Valley
Water’s guide.
Los Altos has included links to the flood awareness
campaign web resources in electronic newsletters during
FY2022.
Palo Alto has Valley Water’s Flood Awareness Campaign
linked on the City’s Flood Information and Winter Storm
Preparedness website.
City of Santa Clara has posted social media posts for flood
awareness week in Fall 2021.
(SCC OP #41) Shares Valley Water’s digital social media resource links during the
flood season. The “Floods Follow Fires. Are you Ready?” and “Got Sandbags”
messages redirect to Valley Water’s website. Messages are used on social media,
short form newsletter, short form email, web, and Nextdoor
Santa Clara
County Office of
Emergency
Management
Year Round N/A Santa Clara County: No update available - non-CRS
participating community
(CUP OP #42) Recognizes the robust social media campaign led by Valley Water and
has linked the city’s main flood preparation webpage to Valley Water’s Flood Ready
webpage
City of Cupertino Year Round N/A Cupertino continues to maintain the Flood Section under
the “Citizen Preparedness” webpage, including a link that
redirects to Valley Water’s Flood Ready webpage.
(GIL OP #43) The city recognizes Valley Water’s Flood Awareness Campaign and has
linked the city’s main flood webpage to Valley Water’s Flood Ready webpage
City of Gilroy Year Round N/A Gilroy: The “Emergency Preparedness” and Public Works
“Flood Management” webpage both link to Valley
Water’s Flood Ready webpage.
(LAH OP #44) The town recognizes Valley Water’s Flood Awareness Campaign and
has linked the town’s main flood webpage to Valley Water’s Flood Ready webpage
Town of Los
Altos Hills
Year Round N/A Town of Los Altos Hills: No update available - non-CRS
participating community
ATTACHMENT 2
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9
Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community
Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities
Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule
3
Stakeholder
FY 2022
Project Accomplishments
INPUT HERE ONLY
(LG OP #45) Recognizes Valley Water’s Flood Awareness Campaign and has linked
the Town’s main flood webpage to Valley Water’s Flood Ready webpage
Town of Los
Gatos
Year Round N/A Town of Los Gatos: No update available - non-CRS
participating community
(MV OP #46) The city does a social media notification about storm preparation for
winter storms ahead of time. The notification directs residents to their “Flood
Protection and Insurance Information” webpage. The city has also linked the city’s
webpage to Valley Water’s Flood Ready webpage
City of Mountain
View
Year Round N/A Mountain View shared a Facebook post in October 2021
regarding preparing for the upcoming rain. A post
regarding flood preparedness was featured in our email
distribution “City Hall Connection” in celebration of Flood
Preparedness Week in October 2021.
(SC FRP #47) City publishes social media posts, on Facebook, Twitter, and other
platforms, focused on safety
The city has prepared a pre-flood plan (FRP) for public information projects that will
be implemented before, during, and after a storm/flood, as well as identifying who
is responsible for posting these messages, what type of events they apply to, what
social media platforms to post to and how often
City of Santa
Clara Office of
Emergency
Services
During the
storm season
N/A Santa Clara: Information was posted on social media for
flood awareness week led by city streets division
(SJ OP #48) Recognizes Valley Water’s Flood Awareness Campaign and has linked
the city’s main flood webpage to Valley Water’s Flood Ready webpage. Keeps
Valley Water’s floodplain mailer static location at City Hall for residents to pick-up
and is also distributed at various events throughout the year
City of San Jose Year Round N/A San Jose: Floodplain mailer available at City Hall and
website linked to Valley Water’s Flood Ready webpage.
(SAR OP #49) Recognizes Valley Water’s Flood Awareness Campaign and has linked
the city’s main flood webpage to Valley Water’s Flood Ready webpage
City of Saratoga Year Round N/A Saratoga: No update available - non-CRS participating
community
(SAR OP #50) The city does a social media notification about storm preparation for
winter storms ahead of time
City of Saratoga Year Round N/A Saratoga: No update available - non-CRS participating
community
(SUN OP #51) The city actively posts flood safety and preparedness messaging
through social media platforms (i.e., Facebook and Twitter)
City of Sunnyvale
Environmental
Services
During the rainy
season
(October –
March)
N/A Sunnyvale: City staff posted information to Facebook
regarding keeping the storm drain clear to prevent
clogging.
Topics 1-9 and supporting messages
Community Events – Distribute flood preparedness materials to the
community
Educate our community
on flood protection and
preparedness measures
Increase in ‘hits’ on
Valley Water and cities
Flood Protection
Resources pages and
improve Valley Water’s
Flood Campaign results
Residents less stress
during emergencies and
(VW OP #52) Copies of Valley Water’s multilanguage floodplain mailer is made
available to all Santa Clara County CRS Communities to disseminate at various
events, including keeping the mailer static in lobby areas for visitors to pick-up.
Valley Water attends various communities’ events/fairs throughout the county and
disseminates flood readiness materials, including various FEMA flood-related
publications and Valley Water flood ready materials (Topics 1– 9)
Valley Water Annually,
September -
May
All Santa Clara
County CRS
Communities
Valley Water’s multilanguage (English, Spanish, Chinese,
and Vietnamese) annual FPM were provided to all Santa
Clara County city/county Public Works and Planning
Departments between December 2021 - February 1,
2022. The FPM is posted on our website.
60,790 FPMs were printed: 54,790 were mailed to
addresses in the SFHA on December 13-14, 2021; 4,450
provided to the cities/county (Public Works and Planning
Departments) between December 2021 - February 1,
2022; and remaining copies were used as needed by
Valley Water CRS, Communications and Government
Relations staff.
ATTACHMENT 2
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10
Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community
Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities
Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule
3
Stakeholder
FY 2022
Project Accomplishments
INPUT HERE ONLY
better prepared before a
flood event
Cupertino distributes copies of Valley Water’s Floodplain
Mailer at various fairs/events and provides additional
copies for the public on display at City Hall.
Los Altos has mailer available at city hall and public
library. During FY2022, events were limited due to
COVID-19.
Palo Alto distributes Valley Water’s multi-language
floodplain mailer during fairs during Earth Day event and
Palo Alto’s Open House every year.
Santa Clara: Fliers and additional information are
currently at city hall and public library.
(CUP OP #53) Distributes flood readiness outreach materials at various events/
facilities
City of Cupertino Year Round, as
needed
N/A Cupertino distributes copies of Valley Water’s Floodplain
Mailer and other promotional items provided by Valley
Water at various fairs/events and provides additional
copies of the mailer for the public on display at City Hall.
(GIL OP #54) Participates in two fair/events: Gilroy Garlic Festival (GF) and city’s
Public Works Week Community Open House (PWWCOH)
City of Gilroy End of July (GF)
Typically, in
May
(PWWCOH)
N/A Gilroy: There was no Garlic Festival or Public Works Week
Community Open House in 2021, so no materials were
distributed.
(LAH OP #55) Hosts two events - Earth Day (ED) and the Town Picnic (TP) Town of Los
Altos Hills
Annually, Spring
(ED) and late
Summer (TP)
N/A Town of Los Altos Hills: No update available - non-CRS
participating community
(MIL OP #56) Distributes FEMA flood-related publications at various events City of Milpitas Year Round N/A Milpitas: Ongoing. Distributed at the most recent event
“Holiday Magic” which was held in December 2021.
(MV OP #57) The city participates Mountain View Art & Wine Festival (MVA&WF)
and Thursday Night Live (TNL) and distributes flood preparedness information
City of Mountain
View
Each
September
(MVA&WF)
Months of
June/July (TNL)
Valley Water Mountain View: Due to COVID restrictions these events
did not happen or were modified from the previous years.
Therefore, we were not able to distribute the materials. If
COVID restrictions allow, we plan to resume attendance
and distribution of materials in future years.
(PA OP #58) Staff hosts a flood readiness table at city’s annual Earth Day (ED) event
and at the city Municipal Corporation Open House (MCOH). Upon request, the city
also participates in other fairs and promotes flood readiness, including Creekwise
mailer/brochure
City of Palo Alto Each April (ED)
and July
(MCOH)
Can vary
depending on
requests made
to City to
support fairs
Palo Alto hosts a flood readiness table at the Earth Day
Event and City Municipal Corporation Open House. The
City distributes flood readiness fliers during the event.
(SJ OP #59) Staff hosts and participates in the ‘Building Permits and Home Safety
Open House.’ The city’s also hosts ‘Pumpkins in the Park’ event which Valley Water
staff participates in and promotes flood preparedness
City of San Jose Each May and
October
Valley Water San Jose: City hosts annual Building and Home Safety
open house. However, this year’s event is on hold due to
COVID-19 pandemic.
ATTACHMENT 2
Page 10 of 17
35
7.8.a
Packet Pg. 478 Attachment: Santa Clara County PPI Annual Evaluation Report for FY22 (3911 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for
11
Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community
Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities
Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule
3
Stakeholder
FY 2022
Project Accomplishments
INPUT HERE ONLY
(SC OP #60) City hosts a flood readiness table at the Art & Wine Festival. Valley
Water also sponsors a table at the festival promoting flood preparedness and
distributes various flood readiness materials to the community
City of Santa
Clara
Each
September
N/A Santa Clara: In progress with this year’s Art & Wine
festival which is in fall
Topic 3: Protect people from the flood hazard
Message 3A - Put your 3-day emergency kit together
Message 3B - Follow evacuation orders
Message 3C – Learn the best route to high ground
Topic 9: Understand shallow flooding risks – don’t drive through standing
water
Message 9A - Understand shallow flooding risks - don’t drive through
standing water
FEMA’s message: “Turn Around Don't Drown®.”
Less damage due to the
floods; improve sandbag
distribution
Fewer accidents and
rescues
(SUN OP #61) City has permanent “Road May Flood” street signs in areas of the City
prone to flooding and promotes the “Flood Zone Look Up” featured on the city’s
website
City of Sunnyvale Year Round N/A Sunnyvale: Ongoing. City staff still promote the use of the
“Flood Zone Lookup.”
Topic 4: Protect your property from the flood hazard
Message 4A - Protect your property from the flood hazard
Message 4B - Prepare your home
Message 4C - Sandbags can offer protection against a foot or less of
floodwater
Message 4E - Get sandbags before a flood
Topic 5: Build responsibility
Message 5A - Build responsibly in floodplains
Message 5B - Comply with development requirements
Message 5C - Check with your local floodplain manager before you build
Increase in inquiries on
retrofitting measures.
Decrease the number of
repairs and elevations
without permits.
Increase number of
repairs with permits
Ensure people who are
interested in protecting
their property from
flooding are getting the
help they need
Keep families safe
(CUP OP #62) The city offers Flood Protection Assistance, Property Protection
Advice. Staff provides in-person flood risk consultation at the front counter and/or
site visits when requested
City of Cupertino Year Round N/A Cupertino: Ongoing. The City maintains a log of FEMA-
related requests.
(MIL OP # 63) The city offers Flood Protection Assistance, Property Protection
Advice and provides in-person flood risk consultation at the front counter
City of Milpitas Year Round N/A Milpitas: Ongoing. City maintains logs of FEMA-related
requests.
(SC OP #64) The city offers Flood Protection Assistance, Property Protection Advice City of Santa
Clara
Year Round N/A Santa Clara: On-going per requests to the city
Topic 6: Protect natural floodplain functions
Message 6A -Keep creeks clean and flowing
Message 6B - Keep debris and trash out of our streams
Message 6C - Don’t pollute, dump, or drain anything in creeks
Cleaner streams and
fewer dumping
violations
Fewer debris blockages
during high-flow events
Drainage inspectors
report fewer calls and a
decrease in the amount
of trash removed
(VW OP #65) “Do Not Dump”/illegal dumping message is sent each year to all Santa
Clara County residents in Valley Water’s CWM and FPM
Valley Water
Communications
Each late
October or
November
(CWM)
Each
November/
December
(FPM)
All Santa Clara
County CRS
Communities
Valley Water’s FY22 FPM included the 'Do Not Dump'
messaging. Additionally, Valley Water’s website flood
ready landing page contains ‘Do not pollute, dump, or
drain anything in creeks’ under the Before a Flood
section. https://www.valleywater.org/flooding-
safety/flood-ready/flood-safety-advice
Valley Water hosted Coastal Cleanup Day (CCD) on
September 18, 2021 (Results: 913 people participated;
99.5 distance cleaned miles; 28,084.76, includes
recyclables, weight of trash collected; 1,346.90 weight of
recyclables collected), and National River Cleanup Day
(NRCD) on May 21, 2022 (Results: 596 people
participated; 36.07 distance cleaned miles; 22,695.04
includes recyclables, weight of trash collected; 2,569.57
weight of recyclables collected). Several of our CRS
communities participated.
https://cleanacreek.org/past-results-2/
ATTACHMENT 2
Page 11 of 17
36
7.8.a
Packet Pg. 479 Attachment: Santa Clara County PPI Annual Evaluation Report for FY22 (3911 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for
12
Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community
Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities
Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule
3
Stakeholder
FY 2022
Project Accomplishments
INPUT HERE ONLY
Cupertino’s Flood Section under the “Citizen
Preparedness” webpage has a link to Valley Water’s
Floodplain Mailer. The City also includes the “Do Not
Dump” messaging in The Cupertino Scene’s annual flood
preparedness article.
Palo Alto has Valley Water’s CWM and FPM linked on the
City’s Flood Information and Winter Storm Preparedness
website.
(VW OP #66) “Do Not Dump” signs placed by waterways/channels Valley Water
O&M
Year Round N/A Valley Water’s Operations & Maintenance continues its
practice of placing ‘Do Not Dump’ signs on waterways/
channels.
(VW OP #67) Lists Pollution Hotline number in all Project Notices Valley Water
Communications
Year Round N/A Valley Water’s project notices lists the pollution hotline
number. https://www.valleywater.org/project-
updates/your-neighborhood
(SCC OP #68) Storm Drain Stenciling/Medallion Program Santa Clara
County
Year Round All Santa Clara
County CRS
Communities
Palo Alto installs Storm Drain Stenciling/Medallion on all
public right of way catch basin and inlets.
City of Santa Clara: Stenciling/Medallion installed on
public catch basins/inlets.
Santa Clara County: No update available - non-CRS
participating community.
(SUN OP #69) The city’s “Horizon” newsletter, includes Do Not Dump messaging City of Sunnyvale Annually, fall N/A Sunnyvale: The City still produces the Horizon newsletter
and includes a “Do Not Dump” message.
(ALL OP #70) Developments that are modifying or constructing new catch
basins/storm drains/inlets are required, per the below-noted permits, to stencil the
“No Dumping! Flows to Bay.” In addition, some of these cities require all bid
documents for capital projects which are modifying or constructing new catch
basins, and require the contractors to install the same stencil. The program is also
highlighted on cities’ websites.
ඵ South County municipalities are subject to the statewide “Phase II” NPDES
Permit
ඵ North County municipalities are subject to the SF Bay Municipal Regional
Stormwater NPDES Permit
All Year Round N/A Valley Water mark’s each inlet with a “No Dumping!
Flows to Bay” message on Valley Water properties.
Gilroy requires all new storm inlets and catch basins to
include a stencil or medallion with no dumping, flows to
creek/waterway language for development projects.
Morgan Hill requires all storm drain inlets and catch
basins within the project area of development
applications to be stenciled with prohibitive language
(such as: “NO DUMPING – DRAINS TO CREEK”) and/or
graphical icons to discourage illegal dumping.
(CUP OP #71) The city’s annual flood notice in the local newsletter, ‘The Cupertino
Scene,’ contains dumping is illegal messaging and how to report
City of Cupertino Annually,
October -
November
N/A Cupertino includes the “Do Not Dump” messaging in The
Cupertino Scene’s annual flood preparedness article.
ATTACHMENT 2
Page 12 of 17
37
7.8.a
Packet Pg. 480 Attachment: Santa Clara County PPI Annual Evaluation Report for FY22 (3911 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for
13
Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community
Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities
Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule
3
Stakeholder
FY 2022
Project Accomplishments
INPUT HERE ONLY
(CUP OP #72) Participates in clean-up events: the annual National River Clean-up
Day (NRCD) and Coastal Clean-Up Day (CCD). They coordinate with Valley Water on
both these clean-up efforts. The city also participates in Valley Water’s Adopt-a-
Creek Program
City of Cupertino Each May
(NRCD) and
September
(CCD)
Volunteers
Valley Water
Stream
Stewardship
Cupertino participated in Coastal Clean-Up Day on
9/18/21 at Calabazas Creek. Cupertino also helped to
advertise and support Valley Water’s “virtual” cleanups
(cleaning up your own neighborhood) every Saturday in
May 2021.
(LAH OP #73) The town participates in annual clean-up events: National River
Clean-up Day (each May) and Coastal Clean-up Day (each September) and
coordinates volunteers. They coordinate with Valley Water on both these clean-up
efforts. The town also participates in Valley Water’s Adopt-a-Creek Program
Town of Los
Altos Hills
Each May
(NRCD) and
September
(CCD)
Volunteers
Valley Water
Stream
Stewardship
Town of Los Altos Hills: No update available - non-CRS
participating community.
(MIL OP #74) “Flood Public Advisory” brochure contains dumping is illegal
messaging and how to report
City of Milpitas Each December
or January
N/A Milpitas: The City’s flood advisory utility bill insert has
information about illegal dumping and how to report it.
(MIL OP #75) Participates in annual clean-up events: National River Clean-up Day
(NRCD) and Coastal Clean-Up Day (CCD). They coordinate with Valley Water on
both these clean-up efforts. The city also participates in Valley Water’s Adopt-a-
Creek Program
City of Milpitas Each May
(NRCD) and
September
(CCD)
Volunteers
Valley Water
Stream
Stewardship
Milpitas: CCD held as a hybrid in-person group and
individual led in September 2021. NRCD is planned for
May 2022 with two cleanup locations.
(MH OP #76) “Flood Report” contains message on keeping debris and trash out of
streams – Do Not Dump messaging
City of Morgan
Hill
Annually, close
to or during the
start of the
rainy season
N/A Morgan Hill’s “2021 Flood Report” brochure contained
the messages “Keep debris and trash out of our streams”
and “It’s illegal to dump into our creeks”.
(PA OP #77) “Are You Ready for Winter Storms?” utilities insert contains the Do Not
Dump and report illegal dumping messages
City of Palo Alto Each fall N/A Palo Alto includes Do Not Dump and Report Illegal
Messages on City’s utility insert.
(PA OP #78) Utility bill insert includes a ‘Utility Announcement on Flood Safety
Tips,’ including Protect natural floodplains - keep rain gutters and drainage
channels free of debris
City of Palo Alto Annually,
March-April
N/A Palo Alto includes Protect Natural Floodplains-keep rain
gutters and creeks free of debris messages on flood
safety tips sent as Utility Announcement and the flier sent
as an attachment on utility bills every year.
(PA OP #79) Participates in annual clean-up events: National River Clean-up Day
(NRCD) and Coastal Clean-Up Day (CCD). They coordinate with Valley Water on
both these clean-up efforts. Additionally, the city participates in Valley Water’s
Adopt-a-Creek Program
City of Palo Alto Each May
(NRCD) and
September
(CCD)
Volunteers
Valley Water
Stream
Stewardship
Palo Alto participates every year during National River
Clean-up Day on Matadero and Adobe Creek. Palo Alto
also participates in the multi-jurisdictional effort on creek
clean-up of San Francisquito Creek.
(PA OP #80) Clean-ups of trash booms located in Matadero Creek and Adobe Creek
are done annually on an as-needed basis. The city also assesses its hot spots and
cleans up the local drainage system on an ongoing basis and part of its operations
and maintenance
City of Palo Alto Annually,
as needed
N/A Palo Alto City staff clean-ups trash booms on Matadero
Creek and Adobe Creek, assess hot spots and clean ups
on an ongoing basis on the entire City’s storm drain
network system.
(SUN OP #81) “Horizon” newsletter includes a “Know How to Be FloodSafe” article
that promotes the Do Not Dump message
City of Sunnyvale Each October,
Fall Edition
N/A Sunnyvale: The City still includes a “flood Safe” message
in the fall Horizon.
Residents and
Businesses in the
Topic 1: Know your flood hazard
Message 1A - Know your flood risk
Message 1B - Contact your floodplain manager to find out if your
property is in a floodplain
Residents/businesses in
the SFHA are aware
they’re in the SFHA and
prepare before floods
(VW OP #82) Multi-language floodplain mailer (FPM) to all residents and businesses
within the SFHA in Santa Clara County (Topics 1– 9)
Valley Water Each
November/
December
All Valley Water’s multi-language (English, Spanish, Chinese,
and Vietnamese) FY 21-22 FPM was sent to all SC County
parcels in the FEMA SFHA; 54,790 FPMs were mailed on
December 13-14, 2021.
ATTACHMENT 2
Page 13 of 17
38
7.8.a
Packet Pg. 481 Attachment: Santa Clara County PPI Annual Evaluation Report for FY22 (3911 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for
14
Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community
Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities
Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule
3
Stakeholder
FY 2022
Project Accomplishments
INPUT HERE ONLY
Special Flood Hazard
Area (SFHA)
-Low Lying Areas, Along
Rivers and Creeks
-Coastal Communities at
Risk for Sea Level
Rise/Tsunamis
-Repetitive Loss (RL)
Areas
Message 1C - Check if your home or business is in a Special Flood Hazard
Area
Topic 2: Insure your property for your flood hazard
Message 2A - Get flood insurance ahead of time
Message 2B – Insure your property
Message 2C – There is a 30-day waiting period for the policy to take
place
Topic 3: Protect people from the flood hazard
Message 3A - Put your 3-day emergency kit together
Message 3B - Follow evacuation orders
Message 3C – Learn the best route to high ground
Topic 4: Protect your property from the flood hazard
Message 4A - Protect your property from the flood hazard
Message 4B - Prepare your home
Message 4C - Sandbags can offer protection against a foot or less of
floodwater
Message 4E - Get sandbags before a flood
Topic 5: Build responsibility
Message 5A - Build responsibly in floodplains
Message 5B - Comply with development requirements
Message 5C - Check with your local floodplain manager before you build
Topic 6: Protect natural floodplain functions
Message 6A -Keep creeks clean and flowing
Message 6B - Keep debris and trash out of our streams
Message 6C - Don’t pollute, dump, or drain anything in creeks
Topic 7: Develop a Family Emergency Plan
Message 7A: Develop an emergency plan
Topic 8: Download disaster Apps
Message 8A - Download disaster emergency apps
Topic 9: Understand shallow flooding risks – don’t drive through standing
water
Message 9A - Understand shallow flooding risks - don’t drive through
standing water
FEMA’s message: “Turn Around Don't Drown®.”
Increase in number of
flood insurance policies
in the SFHAs and RLAs in
the county in general
Prospective buyers
understand flood risks
Increase number of
elevation certificates on
file, and structures
repaired with permits;
decrease the number of
repetitive loss increase
homes
Increase in the number
of flood insurance
policies with contents
coverage
Los Altos supports this effort.
(CUP OP #83) Flood notice in the local newsletter, The Cupertino Scene, which
reaches residents and businesses in the SFHA (Topics 1-9)
City of Cupertino Each October or
November issue
N/A Cupertino published the annual flood preparation article
in the November 2021 issue of “The Cupertino Scene”.
(LA OP #84) Letter, along with a “Are You Prepared for a Flood in Your
Neighborhood?” brochure to property owners in the SFHA (Topics 1-8)
City of Los Altos Annually, each
fall
N/A Los Altos: A utility bill insert was sent out to all residential
customers in October and all commercial customers in
December via Mission Trail (Refuse Collection partner). A
letter to all SFHA property owners will be sent during
FY2022.
(LAH OP #85) The town’s “Our Town” quarterly newsletter includes information on
flood preparedness. The newsletter is mailed out town-wide and is also available
online on the town’s website (Topics TBD during cycle visit)
Town of Los
Altos Hills
Each fall N/A Town of Los Altos Hills: No update available - non-CRS
participating community.
(MIL OP #86) “Flood Public Advisory” brochure to residents and businesses within
SFHA (Topics 1-6)
City of Milpitas Each December
or January
N/A Milpitas: A utility bill insert was sent to every address in
Milpitas on 12/10/21. This was sent in four languages
(English, Vietnamese, Spanish and Chinese).
(MH OP #87) Sends a citywide “Flood Report” brochure, including to those in the
SFHA (Topics 1-9)
City of Morgan
Hill
Annually, close
to or during the
start of the
rainy season
N/A Morgan Hill’s “2021 Flood Report” brochure was sent out
citywide.
(MV OP #88) Sends “The View” citywide newsletter, Winter version, includes
information on flood risk, flood safety, and the importance of buying flood
insurance (Topics 1-9)
City of Mountain
View
Fall newsletter
edition
N/A Mountain View published the Volume 2, 2021 edition of
the View in September 2021 that featured information on
flood awareness, flood insurance, and preparing for the
winter storm.
(MV OP #89) Mails a utility bill insert to all resident and businesses that contains
information on flood risk, flood safety, and the importance of buying flood
insurance (Topics 9)
City of Mountain
View
Between July -
September
N/A Mountain View sent out Valley Water’s Get Flood Ready
flier as a utility billing insert to every City utility customer
between 9/6/2021 and 10/25/2021.
(PA OP #90) Sends the “Are You Ready for Winter Storms?’ flier (aka utilities mailer)
to all residents and businesses in the city, including to those in the SFHA, along with
their utility bills (Topics 1-9)
City of Palo Alto Each fall N/A Palo Alto sent “Are you Ready for Winter Storms?” flier as
utility inserts during fall of 2021.
(PA OP #91) Sends out utility announcement, “Anytime it can rain, it can flood.
Don’t get caught off-guard” (Topics 1, 2,3, 4, 5, 6, 7, & 9 – will pursue adding other
topic)
City of Palo Alto Each
March/April
N/A Palo Alto sent flood safety tips as a utility announcement
in March 2021.
(SC OP #92) Mails out a citywide, including all addresses in the SFHA, newsletter for
residents and businesses called “Inside Santa Clara” (Topics 1-9)
City of Santa
Clara
Each fall N/A Santa Clara: Newsletter was sent on November 1, 2021,
and available on City website.
ATTACHMENT 2
Page 14 of 17
39
7.8.a
Packet Pg. 482 Attachment: Santa Clara County PPI Annual Evaluation Report for FY22 (3911 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for
15
Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community
Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities
Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule
3
Stakeholder
FY 2022
Project Accomplishments
INPUT HERE ONLY
(SUN OP #93) Sends two (2) mailers and one (1) “Horizon” newsletter article “Know
How to Be Flood Safe” that promotes flood safety and flood preparedness
messaging targeted to all residents and businesses within the SFHA (Topics 2 and 4)
City of Sunnyvale Each fall around
October
N/A Sunnyvale: The City still sends out mailers to targeted
residents and a flood safe newsletter article.
(SUN OP #94) Sends mailer to all those in the SFHA (Topics 1-4, and 7) City of Sunnyvale Each October N/A Sunnyvale: The City still sends out these mailers. The
mailers were sent October 2021.
Topic 2: Insure your property for your flood hazard
Message 2A - Get flood insurance ahead of time
Message 2B – Insure your property
Message 2C – There is a 30-day waiting period for the policy to take
place
Increase in number of
flood insurance policies
in the SFHAs, RLAs, and
in the county in general
Prospective buyers
understand flood risks
Increase in the number
of flood insurance
policies with contents
coverage
(SCC OP #95) Sends letters to the properties in the unincorporated section in the
areas of the county’s mapped repetitive loss areas
Santa Clara
County
Annually, each
fall
N/A Santa Clara County: No update available - non-CRS
participating community.
(CUP OP #96) Continues to send a letter to former repetitive loss properties City of Cupertino Annually, mid-
year
N/A Cupertino continues to send out an annual letter to
former repetitive loss properties.
(MH OP #97) Sends a notice to repetitive loss (RL) areas as required by FEMA City of Morgan
Hill
Annually, each
summer
N/A Morgan Hill sent letters to properties in the City’s
mapped repetitive loss areas in July 2021.
(PA OP #98) Sends letters to the properties in the city’s mapped repetitive loss
areas, highlighting flood safety tips
City of Palo Alto Annually,
typically August
- September
N/A Palo Alto sent letters to properties in the City’s mapped
repetitive loss areas, highlighting flood safety tips in
August 2021.
(SJ OP #99) Sends letters to the properties in the city’s mapped repetitive loss areas City of San Jose Annually, each
typically
between
September -
December
N/A San Jose: Letters sent to general repetitive loss property
areas in March 2022.
Messengers to Other
Target Audiences
(Organizations &
Businesses Serving the
Community)
Topic 1: Know your flood hazard
Message 1A - Know your flood risk
Message 1B - Contact your floodplain manager to find out if your
property is in a floodplain
Message 1C - Check if your home or business is in a Special Flood Hazard
Area
Topic 2: Insure your property for your flood hazard
Message 2A - Get flood insurance ahead of time
Message 2B – Insure your property
Message 2C – There is a 30-day waiting period for the policy to take
place
Topic 3: Protect people from the flood hazard
Message 3A - Put your 3-day emergency kit together
Message 3B - Follow evacuation orders
Message 3C – Learn the best route to high ground
Topic 4: Protect your property from the flood hazard
Message 4A - Protect your property from the flood hazard
Message 4B - Prepare your home
Educate our community
on flood protection and
preparedness measures
by working and
coordinating with groups
who serve as
messengers, to people
who are at risk of
flooding, as they provide
their respective business
service
(VW OP #100) Administers a “Let’s Talk Water” Speakers Bureau Program that
customizes presentations to update groups on specific issues provide updates on
Valley Water projects, including flood protection projects and to educate residents
on existing flood risks as well as provide resources and tips to be flood ready.
https://www.valleywater.org/learning-center/lets-talk-water-speakers-bureau
Valley Water
Communications
Unit
On a project-
specific basis or
as requested
Could vary from
year-to-year
Kiwanis
Rotary Clubs
Homeowners
and
Neighborhood
Associations
Forum Groups
Association of
Realtors
Valley Water’s ‘Let’s Talk Water’ Speakers Bureau
Program is active and available to the community.
General presentations discuss Valley Water’s flood
protection, including flood preparedness and awareness,
and our creeks and ecosystems. Customized
presentations for groups on specific issues are also
available.
(VW OP #101) Participates in booth duty support at various events and fairs
throughout the county, including Valley Water Capital project meetings or other
events, as reque
sted by various organizations
Valley Water
Office of
Government
Relations
Annually.
During the
flood season
(starting in
September –
May)
All Santa Clara
County CRS
Communities
Valley Water did not undertake booth support during
FY22 due to the COVID-19 pandemic.
(VW OP #102) Partner with local Second Harvest Food Bank with distributing FEMA
and Valley Water flood preparedness materials, including promotional item(s) as
available
Valley Water CRS
Program
In October
(during CFPW)
Second Harvest
Food Bank of
Silicon Valley
Valley Water partnered with Second Harvest Food Bank
(SHFB) of Silicon Valley in October 2021. 2,000 ‘Get Flood
Ready’ emergency starter kit donations were distributed
by SHFB on behalf of all Santa Clara County CRS
communities.
ATTACHMENT 2
Page 15 of 17
40
7.8.a
Packet Pg. 483 Attachment: Santa Clara County PPI Annual Evaluation Report for FY22 (3911 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for
16
Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community
Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities
Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule
3
Stakeholder
FY 2022
Project Accomplishments
INPUT HERE ONLY
Message 4C - Sandbags can offer protection against a foot or less of
floodwater
Message 4E - Get sandbags before a flood
Topic 5: Build responsibility
Message 5A - Build responsibly in floodplains
Message 5B - Comply with development requirements
Message 5C - Check with your local floodplain manager before you build
Topic 6: Protect natural floodplain functions
Message 6A -Keep creeks clean and flowing
Message 6B - Keep debris and trash out of our streams
Message 6C - Don’t pollute, dump, or drain anything in creeks
Topic 7: Develop a Family Emergency Plan
Message 7A: Develop an emergency plan
Topic 8: Download disaster Apps
Message 8A - Download disaster emergency apps
Topic 9: Understand shallow flooding risks – don’t drive through standing
water
Message 9A - Understand shallow flooding risks - don’t drive through
standing water
FEMA’s message: “Turn Around Don't Drown®.”
(ALL OP #103) Other New Initiatives (as noted in the PPI document)
1. Continue and expand the standardized flood message prepared for each
community to include flood messages in utility bills each year, including PG&E.
2. Expand on partnerships with local chambers of commerce to disseminate and
share flood preparedness information.
3. Expand on outreach to the Asian and Latino communities who live in flood
prone areas.
4. Expand on outreach to “hot spot” flood prone areas by hosting on-site or virtual
events.
5. Expand on reaching local homeowners associations (HOA)s and apartment
associations (i.e. Executive Council of Homeowners [ECHO])
6.Expand on reaching residents in marginal and low-income communities through
partnering with organizations that reach these communities. (i.e. Second
Harvest Food Bank and others)
7. Communities could pursue FEMA Matching Funds Grants for severe Repetitive
Loss Areas.
8. Review and expand other public information activities, such as Flood Protection
Assistance (Activity 360) and Flood Insurance Promotion (Activity 370).
9. Develop a region-wide Flood Response Preparations (FRP) messaging plan.
All TBD TBD Valley Water, as the lead agency for the Santa Clara
County CRS Group/PPI Committee, included the ‘New
Initiative’ topic for discussion on its August 2021,
March 10, 2022, and May 19, 2022 meeting agendas.
The following new initiatives were accomplished in FY22:
1). Valley Water continues to offer assistance to all
communities for standardizing flood messaging to include
as a utility bill insert.
5). Valley Water’s ‘Let's Talk Water: Speakers Bureau
Program offers presentations on the history of the district
and how we operate and includes information on flood
preparedness. Presentations can be customized for
groups, as requested.
6). Due to the COVID-19 pandemic, countywide in-person
community events in FY22 were postponed or canceled.
Instead, Valley Water partnered with Second Harvest
Food Bank of Silicon Valley to distribute 2,000 emergency
preparedness starter kits of emergency supplies to
underserved communities in October 2021.
9). At the May 19, 2022 CRS Users Group/PPI Committee
Meeting, this initiative was discussed. The idea was to
develop an FRP similar to the one submitted by the City
of Santa Clara for which full FRP credit was yielded. As we
are looking at the feasibility of regionalizing the CRS
Program for our area, this initiative will be evaluated in
conjunction with the Feasibility Study being conducted.
(CUP OP #104) The city provides a Winter Preparedness notification informing
contractors that during the winter season, they need to winterize their project(s)
site as certain soil disturbance activities are not allowed during the rainy season
City of Cupertino On a project-
specific basis
Various
contractors
Cupertino continues to prepare and mail the rainy season
letters every year to applicable projects. These letters
were mailed in late August 2021.
(MIL OP#105) On a project-specific basis, the city provides contractors a Winter
Preparedness notification that informs them that during the winter season, they
need to winterize their project(s) site. Certain soil disturbance activities are not
allowed during the rainy season
City of Milpitas On a project-
specific basis
Various
contractors
Milpitas: On-going. The City of Milpitas will be sending
out winterization notices to larger development projects
this winter.
Topic 2: Insure your property for your flood hazard
Message 2A - Get flood insurance ahead of time
Message 2B – Insure your property
Message 2C – There is a 30-day waiting period for the policy to take place
Increase in number of
flood insurance policies
in the SFHAs and in the
county in general
Prospective buyers
understand flood risks
(MH OP #106) The city mails out a newsletter, “Ask Before You Buy: Know Your
Flood Risk!” to local real estate agents which are provided to homebuyers to help
determine the flood risk of the property being purchased (listed in Appendix B)
City of Morgan
Hill
During the rainy
season
Real Estate
Agencies/Agent
Morgan Hill will be sending the brochure to real estate
agents in Fall 2022.
(PA OP #107) Sends out letters to real estate agencies informing them of their
responsibility to identify flood hazard areas and to take advantage of the Flood
Zone Lookup on the city’s website
City of Palo Alto Annually,
beginning of
flood season
(September/
October)
Real Estate
Agencies/Agent
Palo Alto sent letters to real estate agencies informing of
their responsibility to identify flood hazard areas in
August 2021.
ATTACHMENT 2
Page 16 of 17
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7.8.a
Packet Pg. 484 Attachment: Santa Clara County PPI Annual Evaluation Report for FY22 (3911 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for
17
Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community
Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities
Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule
3
Stakeholder
FY 2022
Project Accomplishments
INPUT HERE ONLY
These projects are
credited under Activity
340 (DFH and REB) –
Additional credit is
provided if the PPI states
that real estate agents
should (or have agreed
to) advise house hunters
about the flood hazard
and that real estate
agents give house
hunters a REB brochure
(SJ OP #108) Sends out letters to real estate and insurance agencies and lenders,
informing them of their responsibility to identify flood hazard areas and to take
advantage of the Flood Zone Lookup on the city’s website on the “Flood Hazard
Zones webpage and advises to contact the city for map reading services and
elevation certificates on file
City of San Jose At the
beginning of
the flood
season
(September –
December)
Real Estate
Agencies/Agent
San Jose: Email letters to real estate, insurance agencies
and lenders in January 2022.
(SUN OP #109) Sends mailer/postcard targeted to real estate agents informing
them of the client’s responsibility for identification and purchase of flood insurance
and the availability of the automatic 15% discount
City of Sunnyvale Each October Real Estate
Agencies/Agents
Sunnyvale: The City sent the mailers to real estate agents
September 2021.
ATTACHMENT 2
Page 17 of 17
42
7.8.a
Packet Pg. 485 Attachment: Santa Clara County PPI Annual Evaluation Report for FY22 (3911 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for
Purpose: PPI Stakeholder Committee Annual Evaluation Meeting to monitor the Implementation of the
2021 Santa Clara County Multi-Jurisdictional Program for Public Information per Activity 330, Outreach Project,
Element 332.c. Program for Public Information (PPI), Step 7 requirement (See page 2 of this agenda)
Outcome: 2021 PPI Annual Evaluation Report, Year 1 of 5 (See page 2 of this agenda)
Section Meeting Topic Presenter Time
1. Introductions All 10 min
2. Review of the meeting Purpose and Outcome Merna Leal 2 min
3.
350 – Flood Protection Information
Element c). Flood Protection Website (WEB):
x Monthly (links) and annual review (content) of communities’ Flood
Information landing page
Merna Leal 2 min
4.
Best practices for the Verification Cycle Visit - Discussion by Insurance
Services Office (ISO)
Addendum to the 2017 CRS Coordinators Manual (Edition: 2021)
Effective January 1, 2021
-Class 8 New Prerequisite: Enforcement of a freeboard
standard for residential buildings
-Class 6 Updated Prerequisite: New subsection inserted
-Class 9 New/modified Prerequisite: Subsection (3) replaced,
and first sentence of Subsection (5) replaced
Need to see all higher NFIP regulations marked up in community’s
ordinance or regulations
Correlate Open Spaces with required parcel spreadsheet(s)
Heidi Carlin, ISO
CRS Specialist 5 min
5.
2021 Multi-Jurisdictional Program for Public Information (PPI) Annual
Evaluation Report, Year 1 of 5
Assess whether the desired outcomes were achieved and what, if
anything, should be changed
Which communities have adopted the PPI? Conformed/enacted
copy should be in Egnyte; please upload and send copy to VW
Using the 2021 PPI and Activity 330 Outreach Project worksheets
provided on 5/20/21, discuss how communities will submit updates
to Valley Water for consolidating report input
Communities’ updates due by next CRS Users Group Meeting or
sooner
All 45 min
6. Next meeting – Joint CRS Users Group/Program for Public Information
(PPI) Committee Meeting All 2 min
7. Adjourn
For questions, please contact Merna Leal at (408) 630-2366 or mleal@valleywater.org
Agenda
Santa Clara County CRS Users Group & Program for Public Information (PPI) Committee Meeting
March 10, 2022 _ 1-3 p.m.
Zoom Meeting
https://valleywater.zoom.us/j/88438590277?pwd=VDBFbWs5aEVBSlAyQ2FaT3BValNoZz09&from=addon
Meeting ID: 884 3859 0277 | Passcode: 568494 | +1 669 900 9128 US (San Jose)
ATTACHMENT 3
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43
7.8.a
Packet Pg. 486 Attachment: Santa Clara County PPI Annual Evaluation Report for FY22 (3911 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for
Excerpts from the CRS Coordinator’s Manual, Activity 330 |Edition: 2017
ATTACHMENT 3
Page of 2
44
7.8.a
Packet Pg. 487 Attachment: Santa Clara County PPI Annual Evaluation Report for FY22 (3911 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for
66DQWD&ODUD&RXQW\&568VHUV*URXS33,&RPPLWWHH0HHWLQJ$WWHQGDQFH6KHHW
March 10, 2022
1:00 - 3:00pm
Zoom
Attendees
Name (Original Name)Guest
Merna Leal, Valley Water No
Sherilyn Tran, Valley Water No
Warren Wettenstein, Milpitas External Stakeholder Yes
Brian Petrovic, Milpitas Yes
Evelyn Liang, Santa Clara Yes
Lea Velasco, Sunnyvale Yes
Christian Tran, Santa Clara Yes
Maria Angeles, Morgan Hill Yes
Amy Fonseca, Valley Water No
Vency Woo, Los Altos Yes
Heidi M. Carlin, CFM - ISO Yes
Jennifer Chu, Cupertino Yes
Gabrielle Abdon, Mountain View Yes
Arlene Lew, San Jose Yes
Renee Gunn, Moutain View Yes
Marlene Jacobs - ISO Yes
Roberto Alonzo, Milpitas Yes
Rajeev Hada, Palo Alto Yes
Suzanne Park, Sunnyvale Yes
Elizabeth Koo, Miplitas Yes
Vivian Tom, San Jose Yes
Steve Golden, Los Altos Yes
Gary Heap, Gilroy Yes
Daryl Jordan, Gilroy Yes
Tamara Davis, Sunnyvale Yes
Steven Erickson, Milpitas Yes
David Dorcich, Saratoga Yes
Peter Pirnejad, Town of Los Altos Hills Yes
Quorum Met: Missing communities, County of Santa Clara, Town of Los Gatos
ATTACHMENT 4
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45
7.8.a
Packet Pg. 488 Attachment: Santa Clara County PPI Annual Evaluation Report for FY22 (3911 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for
+1 669 900 9128 US (San Jose)
Purpose: PPI Stakeholder Committee Annual Evaluation Meeting to monitor the Implementation of the
2021 Santa Clara County Multi-Jurisdictional Program for Public Information per Activity 330, Outreach
Project, Element 332.c. Program for Public Information (PPI), Step 7 requirement
Outcome: 2021 PPI Annual Evaluation Report, Year 1 of 5
Section Meeting Topic Presenter Time
1. Introductions Amy Fonseca 10 min
2. Review of the meeting goals and agenda Amy Fonseca 5 min
3.
FY21-22 Flood Awareness Campaign new approach: targeted
outreach items to all addresses in the FEMA SFHA
FY22-23 Flood Awareness Campaign
Paola Giles 20 min
4. Public Event Giveaway Items (All)
x Emergency starter kits Amy Fonseca 5 min
5.
California Flood Preparedness Week (October 2022)
x Statewide Agency Coordination Calls leading up to
CFPW (kicks off mid-May to early June 2022)
x Annual Valley Water Board Resolution
x Flood event kits for all cities/county
x Lobby display example
Amy Fonseca 20 min
6.
Complete development of the 2021 Multi-Jurisdictional Program
for Public Information (PPI) Annual Report, Year 1 of 5
Note: Due during 5-year cycle visit or as part of annual re-
certification, due 8/1/22)
Merna Leal 30 min
7.
Activity 350 – Flood Protection Information
x Annual comprehensive review of communities’ flood
information websites
Amy Fonseca 5 min
8. Other items
x ISO training - TBD Amy Fonseca 5 min
9. Adjourn
For questions, please contact Amy Fonseca at (408) 630-3005 (office) or (408) 691-8889 (cell)
or afonseca@valleywater.org
Agenda
Santa Clara County CRS Users Group & Program for Public Information (PPI) Committee Meeting
May 19, 2022 _ 10:00am – 12:00 noon
Join Zoom Meeting
https://valleywater.zoom.us/j/82332622770?pwd=bVBXa3pYcG54Y2d6WjRzMEFxVzB3dz09
Meeting ID: 823 3262 2770
Passcode: 174435
ATTACHMENT 5
Page 1 of 1
46
7.8.a
Packet Pg. 489 Attachment: Santa Clara County PPI Annual Evaluation Report for FY22 (3911 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for
66DQWD&ODUD&RXQW\&568VHUV*URXS33,&RPPLWWHH0HHWLQJ$WWHQGDQFH6KHHW
May 19, 2022
10:00 - 12:00noon
Zoom
Name (Original Name)Guest
Merna Leal (Valley Water)No
Amy Fonseca (Valley Water)No
Gabrielle Abdon (City of Mountain View)Yes
Lea Velasco (City of Sunnyvale)Yes
Meghan Azralon (Valley Water)No
Christian Tran (City of Santa Clara)Yes
Paola Giles (Valley Water)No
Falguni Amin (City of Santa Clara)Yes
David Dorcich (City of Saratoga)Yes
Elizabeth Koo (City of Milpitas)Yes
Gary Heap (City of Gilroy)Yes
Vivian Tom (City of San Jose)Yes
Jenn Chu (City of Cupertino)Yes
Darrell Wong (Santa Clara County)Yes
Roberto Alonzo (City of Milpitas)Yes
Steve Golden (City of Los Altos)Yes
Rajeev Hada (City of Palo Alto)Yes
Peri Newby (City of Campbell)Yes
Brian Petrovic (City of Milpitas)Yes
Swanee Edwards (City of Morgan Hill Ext. Stakeholder)Yes
Renee Gunn (City of Mountain View)Yes
Quorum Met: Missing communities, Town of Los Altos Hills, Town of Los Gatos
ATTACHMENT 6
Page 1 of 1
47
7.8.a
Packet Pg. 490 Attachment: Santa Clara County PPI Annual Evaluation Report for FY22 (3911 : 5-Year Plan Santa Clara County Multi-Jurisdictional Program for
City of Gilroy
STAFF REPORT
Agenda Item Title: Purchase of Five Dodge Durango Police Pursuit Vehicles
Via Alameda County Tag-On Bid Process (Master Contract
No. 902035)
Meeting Date: August 15, 2022
From: Jimmy Forbis, City Administrator
Department: Administrative Services
Submitted By: LeeAnn McPhillips, Administrative Services/HR Director/Risk
Manager
Prepared By: LeeAnn McPhillips, Administrative Services/HR Director/Risk
Manager
Strategic Plan Goals
☐ Develop a Financially
Resilient Organization
☐ Ensure Neighborhood
Equity from City
Services
☐ Promote Economic
Development
Activities
☐ Promote Safe,
Affordable Housing for All
☐ Maintain and Improve
City Infrastructure
RECOMMENDATION
Approve the Purchase of Five (5) Dodge Durango Police Pursuit Vehicles in the Amount
of $276,825.55 from MY Jeep-Chrysler-Dodge-Ram Utilizing Alameda County Tag-On
Bid Process and Authorize the City Administrator to Execute All Necessary Purchase
Documents.
EXECUTIVE SUMMARY
7.9
Packet Pg. 491
Consistent with the adopted budget for FY 22 and FY 23, the Fleet Division budgeted
for six police pursuit vehicles to replace aging vehicles in the City’s fleet. One vehicle
was purchased in FY 22 and is being prepared for deployment. The remaining five
vehicles had not been purchased due to lack of available vehicles primarily impacted by
the chip shortage and Covid. Staff recently received notification of a short window to
place an order for five 2023 police pursuit vehicles under a tag-on bid process issued by
Alameda County. If the City does not act quickly to place the order, all of the 2023
police pursuit vehicles will be taken by other departments and it will be difficult to secure
vehicles later in the year.
BACKGROUND
The City has not purchased any new police pursuit vehicles since FY 19. Gilroy’s police
pursuit vehicles are heavily utilized and experience significant wear and tear. The Fleet
Division services and repairs police vehicles to keep vehicles in a safe condition and
ready for the high use deployment, however, the vehicles reach a point where they
need to be replaced hence the budgeted vehicle replacements for FY 22 and FY 23.
Due to the limited availability of police pursuit vehicles at this time, staff researched the
available cooperative bidding processes available to local government agencies like
Gilroy to take advantage of purchasing power to get the most competitive pricing. In the
course of this research, the City identified the tag-on bid available through the County of
Alameda (Master Contract Number 902035). This tag-on bid was utilized for the single
police vehicle purchased in FY 22 which allowed the Police Department to obtain a
needed vehicle at a competitive price negotiated through the tag -on bid process. Any
dealer can compete in the competitive bid process; however, a very competitive pricing
structure must be included for a dealer to be awarded the bid. Dealers will offer very
competitive pricing to focus on volume sales. MY Jeep-Chrysler-Dodge-Ram in Salinas
was awarded the Alameda County bid following a competitive bidding process.
Staff did reach out to a local Gilroy dealership to see if similar pricing could be obtained,
but at the time the dealer could not place orders for the vehicles needed. Since that
time, the dealer has not contacted us with vehicle availability or updated pricing. Given
the short window of time for orders to be placed to secure 2023 police pursuit vehicles,
the best option is to take advantage of the Alameda County tag -on bid with a Salinas
dealership in our region.
ANALYSIS
Police personnel that utilize the police pursuit vehicles on a daily basis developed
specifications for the vehicles needed. The purchase will be for five 2023 Dodge
Durango Pursuit vehicles. The cost per vehicle is $55,365.11 for a tota l expenditure of
$276,825.55. The profit mark-up is a very competitive $2,500 per vehicle. Working with
the Government Sales Manager at MY Jeep-Chrysler-Dodge-Ram in Salinas, an order
for the five vehicles is now pending Council approval.
7.9
Packet Pg. 492
Due to the current limited inventory of police pursuit vehicles and the competitive pricing
structure, other affordable alternatives are not feasible at this time.
FISCAL IMPACT/FUNDING SOURCE
A total of $481,000 is budgeted for six PD vehicle purchases in the adopted F Y 22 and
FY 23 budget that was approved by Council in June 2021. As mentioned above, only
one vehicle has been purchased thus far. As part of the mid -cycle budget adjustments
staff will be asking to carry-forward the unspent FY22 fleet replacement budget to FY23.
As such, if approved, the purchase of these vehicles will be charged to the Fleet Fund in
the amount of $276,825.55.
NEXT STEPS
With Council’s approval, staff will move forward with the purchase of the police pursuit
vehicles. At this time, we do not have a firm delivery date, however, we estimate receipt
of the vehicles in about six months. Once the vehicles are received, inspected, and
accepted, the vehicles are outfitted for the Gilroy Police Department use and deployed
in the field.
Attachments:
1. Gilroy PD quote for Five 2023 Dodge Durango Pursuit 08-02-22
2. Gilroy PD POC 2023 Durango Pursuit AWD 08-02-22
7.9
Packet Pg. 493
Gilroy Police Department August 2, 2022
Attn: Juan Rocha, Captain
Formal quote: Five 2023 Dodge Durango Pursuit AWD SUV:
Powertrain: 5.7L Hemi V-8, 8-speed automatic and AWD with a two speed transfer case
Colors: Black and white exterior with black cloth interior
Options: See attached configuration preview
$46,460.00 = vehicle invoice price before profit mark-up, paint, taxes and fees
$2,500.00 = Alameda County profit mark-up
$1,600.00 = painted white roof and two doors
$85.00 = doc fees
$4,621.36 = City of Gilroy 9.125% sales tax
$30.00 = DMV filing fee (exempt plates)
$8.75 = tire tax
$60.00 = delivery to Gilroy
---------------
$55365.11 = total cost per unit
$276,825.55 = total cost for five units
An order for these vehicles will be submitted upon receipt of a purchase order from the
City of Gilroy. Ordering has not opened for these models yet, but ordering should be
available soon. The factory will not guarantee production of these vehicles. I suggest
getting the purchase order as soon as possible so the order can be submitted as soon
as possible.
Thank you for the opportunity to provide this quote for your consideration.
Denis Greathead, Government Fleet Sales Manager
MY Jeep-Chrysler-Dodge-Ram / MY Chevrolet / Nissan-Kia
600 Auto Center Circle
Salinas, CA 93907
831-320-6519
7.9.a
Packet Pg. 494 Attachment: Gilroy PD quote for Five 2023 Dodge Durango Pursuit 08-02-22 (3927 : Purchase of Budgeted Police Pursuit Vehicles)
Note: This is not an invoice. The prices and equipment shown on this priced order confirmation are tentative and subject to change or
correction without prior notice. No claims against the content listed or prices quoted will be accepted. Refer to the vehicle invoice for final
vehicle content and pricing. Orders are accepted only when the vehicle is shipped by the factory.
MY JEEP CHRYSLER DODGE
600 AUTO CENTER CIR Configuration Preview
SALINAS, CA 939072503
Date Printed:2022-08-02 7:10 PM VIN:Quantity:1
Estimated Ship Date:VON:Status:BA - Pending order
FAN 1:006Y5 CITY OF GILROY,
CALIFORNIA
FAN 2:
Client Code:
Bid Number:TB3054
Sold to:Ship to:PO Number:
MY JEEP CHRYSLER DODGE (24199)MY JEEP CHRYSLER DODGE (24199)
600 AUTO CENTER CIR 600 AUTO CENTER CIR
SALINAS, CA 939072503 SALINAS, CA 939072503
Vehicle:2023 (WDEE75)
Sales Code Description MSRP(USD)
Model:WDEE75 41,415
Package:22Z Customer Preferred Package 22Z 0
EZH 5.7L V8 HEMI MDS VVT Engine 2,995
DFD 8-Spd Auto 8HP70 Trans (Buy)0
Paint/Seat/Trim:PXJ DB Black Clear Coat 0
APA Monotone Paint 0
*C5 Cloth Bucket Seats w/ Shift Insert 0
-X9 Black 0
Options:MAF Fleet Purchase Incentive 0
ADL Skid Plate Group 330
MT8 Delete Liftgate Badge 0
XDG Passenger Side Ballistic Door Panel 2,600
XDV Driver Side Ballistic Door Panel 2,720
GXF Entire Fleet Alike Key (FREQ 1)160
CW6 Deactivate Rear Doors/Windows 85
LNA Black Right LED Spot Lamp 580
4DH Prepaid Holdback 0
LNF Black Left LED Spot Lamp 610
4ES Delivery Allowance Credit 0
5N6 Easy Order 0
4FM Fleet Option Editor 0
4FT Fleet Sales Order 0
171 Zone 71-Los Angeles 0
4EA Sold Vehicle 0
Non Equipment:4FA Special Bid-Ineligible For Incentive 0
Bid Number:TB3054 Government Incentives 0
Discounts:YG1 7.5 Additional Gallons of Gas 0
Destination Fees:1,595
Total Price:53,090
Order Type:Fleet PSP Month/Week:
Scheduling Priority:1-Sold Order Build Priority:99
Page 1 of 2
7.9.b
Packet Pg. 495 Attachment: Gilroy PD POC 2023 Durango Pursuit AWD 08-02-22 (3927 : Purchase of Budgeted Police Pursuit Vehicles)
Note: This is not an invoice. The prices and equipment shown on this priced order confirmation are tentative and subject to change or
correction without prior notice. No claims against the content listed or prices quoted will be accepted. Refer to the vehicle invoice for final
vehicle content and pricing. Orders are accepted only when the vehicle is shipped by the factory.
Salesperson:
Customer Name:
Customer Address:
USA
Instructions:
Page 2 of 2
7.9.b
Packet Pg. 496 Attachment: Gilroy PD POC 2023 Durango Pursuit AWD 08-02-22 (3927 : Purchase of Budgeted Police Pursuit Vehicles)
City of Gilroy
STAFF REPORT
Agenda Item Title: Award of Contract to CSG Consultants for the Design of
the Gourmet Alley and Railroad Alley Pedestrian and
Bicycle Beautification Improvements Project (No. 22-RFP-
PW-478) in the amount of $343,240 with a Project
Contingency of $34,760 (~10%) and Approve a Project
Expenditure of $378,000
Meeting Date: August 15, 2022
From: Jimmy Forbis, City Administrator
Department: Public Works Department
Submitted By: Daryl Jordan, PE, Public Works Director
Prepared By: Daryl Jordan, PE, Public Works Director
Strategic Plan Goals
☐ Develop a Financially
Resilient Organization
☐ Ensure Neighborhood
Equity from City
Services
Promote Economic
Development
Activities
☐ Promote Safe,
Affordable Housing for All
☐ Maintain and Improve
City Infrastructure
RECOMMENDATION
a) Adopt a resolution of the City Council of the City of Gilroy amending the budget
for the City of Gilroy for Fiscal Year 2022 -2023 and appropriating proposed
expenditure amendments.
b) Award a contract to CSG Consultants in the amount of $343,240 with a project
contingency of $34,760 (approximately 10%) for the design of the Gourmet Alley
and Railroad Alley Pedestrian and Bicycle Beautification Improvements Project, No.
22-RFP-PW-478 and authorize the City Administrator to execute the contract and
8.1
Packet Pg. 497
associated documents.
EXECUTIVE SUMMARY
The Department of Public Works requires the assistance of consultants for
engineering and design support services for the Gourmet Alley and Railroad Alley
Pedestrian and Bicycle Beautification Improvements Project.
Staff solicited a Request for Proposal (RFP) for On -Call Engineering and Design
Support Services. Staff recommends proceeding with CSG Consultants, the only firm
that submitted a proposal to provide these services.
Staff is proposing Council adopt a resolution to amend the budget for fiscal year
2022-2023 and increase appropriations in Fund 487 (Downtown Beautification) by
$343,240 plus $34,760 as contingency, approximately 10%, for a total of $378,000
too fully fund the design of the project.
BACKGROUND
The City of Gilroy was awarded a $3.9 million grant in March of 2022 from the California
Department of Transportation (“Caltrans”) Clean California Local Grant Program. The
grant is for cleanup events and infrastructure improvements along Gourmet Alley and
Railroad Alley.
The grant will transform these important alleyways into clean, well-lit, walkable corridors
that connect the public to both the city’s main transit center and the City Cultural Arts
Center. The spaces will be beautified by paving the alleys with marked paths for
walkers and bikers, adding shade, benches, wayfinding signage and waste and
recycling receptacles becoming a source of community pride.
The project’s scope of work includes the development of Plans, Specifications, and
Engineer’s Estimate (PS&E) to provide infrastructure improvements funded by the grant
that include lighting, landscape, and surface improvements. Additional scope provided
upon request includes Project Management, Bid Support Services, and Construction
Support Services.
ANALYSIS
On July 8, 2022, staff issued a Request for Proposals (RFP) for on-call engineering and
design support services to eleven (11) prospective consultants on the approved list. Out
of the eleven prospective consultants, only o ne proposal was received from CSG
Consultants. Staff speculates that only one proposal was received due to the short
advertisement period of two weeks. This was done to expedite the project design in
order to meet the project’s grant timelines. Based on staff’s review of qualifications,
experiences, and cost proposal, staff recommends that the City Council award the
contract to CSG Consultants in the amount of $343,240 plus $34,760 as contingency,
8.1
Packet Pg. 498
approximately 10%, for a total amount of $378,000. CSG Consultants has been the
City’s contractor providing staff augmentation services in the past for the Capital
Improvement Program (CIP) and currently for on-call engineering plan review services;
staff has been pleased with CSG’s performance over the years.
ALTERNATIVES
City Council can reject the award of this contract with CSG Consultants. Staff does not
recommend this option as it could jeopardize the grant funds and delay the project.
FISCAL IMPACT/FUNDING SOURCE
The total proposal from CSG Consultants is $343,240 with optional services included.
Staff recommends including $34,760 as contingency, approximately 10%, addressing
unforeseen issues that may arise during the design process, for a total design
allocation of $378,000. The actual cost of the construction for the project will be
determined through a competitive construction bid process.
Staff will invoice Caltrans for a reimbursement in grant funds for the design costs as
they are incurred. Staff recommends that the City Council adopt the attached resolution
to amend the budget for Fiscal Year 2022-2023, increasing appropriations in Fund 487
(Downtown Beautification) for the full amount of the grant award, $3,960,765.
CONCLUSION
Staff recommends that City Council approve the award of a contract with CSG
Consultants for the design of the Gourmet Alley and Railroad Alley Pedestrian and Bicycle
Beautification Improvements Project and authorize the City Administrator to execute the
contract and associated documents.
NEXT STEPS
Upon Council’s approval, the contract will be executed, and staff will work with the
consultant to develop a final design schedule to begin design activities in August 2022.
Attachments:
1. CSG_Agreement 22-RFP-PW-478
2. Resolution Fund 487 Budget Amendment
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AGREEMENT FOR SERVICES
(For contracts over $5,000 - CONSULTANT)
This AGREEMENT made this August day of 15, 2022, between:
CITY: City of Gilroy, having a principal place of business at
7351 Rosanna Street, Gilroy, California
and CONSULTANT: CSG Consultants, having a principal place of business at 3150 Almaden
Expressway #255, San Jose, CA 95118.
ARTICLE 1. TERM OF AGREEMENT
This Agreement will become effective on 8/15/22 and will continue in effect through 6/30/24
unless terminated in accordance with the provisions of Article 7 of this Agreement.
Any lapse in insurance coverage as required by Article 5, Section D of this Agreement shall
terminate this Agreement regardless of any other provision stated herein. ______
Initial
ARTICLE 2. INDEPENDENT CONTRACTOR STATUS
It is the express intention of the parties that CONSULTANT is an independent contractor and not
an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be
interpreted or construed as creating or establishing the relationship of employer and employee
between CITY and CONSULTANT or any employee or agent of CONSULTANT. Both parties
acknowledge that CONSULTANT is not an employee for state or federal tax purposes.
CONSULTANT shall not be entitled to any of the rights or benefits afforded to CITY’S
employees, including, without limitation, disability or unemployment insurance, workers’
compensation, medical insurance, sick leave, retirement benefits or any other employment
benefits. CONSULTANT shall retain the right to perform services for others during the term of
this Agreement.
ARTICLE 3. SERVICES TO BE PERFORMED BY CONSULTANT
A. Specific Services
CONSULTANT agrees to: Perform the services as outlined in Exhibit “A” (“Specific
Provisions”) and Exhibit “B” (“Scope of Services”), within the time periods described in Exhibit
“C” (“Milestone Schedule”).
B. Method of Performing Services
CONSULTANT shall determine the method, details and means of performing the above-described
services. CITY shall have no right to, and shall not, control the manner or determine the method
of accomplishing CONSULTANT’S services.
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C. Employment of Assistants
CONSULTANT may, at the CONSULTANT’S own expense, employ such assistants as
CONSULTANT deems necessary to perform the services required of CONSULTANT by this
Agreement, subject to the prohibition against assignment and subcontracting contained in
Article 5 below. CITY may not control, direct, or supervise CONSULTANT’S assistants in the
performance of those services. CONSULTANT assumes full and sole responsibility for the
payment of all compensation and expenses of these assistants and for all state and federal income
tax, unemployment insurance, Social Security, disability insurance and other applicable
withholding.
D. Place of Work
CONSULTANT shall perform the services required by this Agreement at any place or location
and at such times as CONSULTANT shall determine is necessary to properly and timely perform
CONSULTANT’S services.
ARTICLE 4. COMPENSATION
A. Consideration
In consideration for the services to be performed by CONSULTANT, CITY agrees to pay
CONSULTANT the amounts set forth in Exhibit “D” (“Payment Schedule”). In no event
however shall the total compensation paid to CONSULTANT exceed $343,240 (including
optional tasks).
B. Invoices
CONSULTANT shall submit invoices for all services rendered.
C. Payment
Payment shall be due according to the payment schedule set forth in Exhibit “D”. No payment
will be made unless CONSULTANT has first provided City with a written receipt of invoice
describing the work performed and any approved direct expenses (as provided for in Exhibit “A”,
Section IV) incurred during the preceding period. If CITY objects to all or any portion of any
invoice, CITY shall notify CONSULTANT of the objection within thirty (30) days from receipt
of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It
shall not constitute a default or breach of this Agreement for CITY not to pay any invoiced amounts
to which it has objected until the objection has been resolved by mutual agreement of the parties.
D. Expenses
CONSULTANT shall be responsible for all costs and expenses incident to the performance of
services for CITY, including but not limited to, all costs of equipment used or provided by
CONSULTANT, all fees, fines, licenses, bonds or taxes required of or imposed against
CONSULTANT and all other of CONSULTANT’S costs of doing business. CITY shall not be
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responsible for any expenses incurred by CONSULTANT in performing services for CITY, except
for those expenses constituting “direct expenses” referenced on Exhibit “A.”
ARTICLE 5. OBLIGATIONS OF CONSULTANT
A. Tools and Instrumentalities
CONSULTANT shall supply all tools and instrumentalities required to perform the services under
this Agreement at its sole cost and expense. CONSULTANT is not required to purchase or rent
any tools, equipment or services from CITY.
B. Workers’ Compensation
CONSULTANT agrees to provide workers’ compensation insurance for CONSULTANT’S
employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and
indemnify CITY, its officers, representatives, agents and employees from and against any and all
claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses,
including without limitation reasonable attorneys’ fees, arising out of any injury, disability, or
death of any of CONSULTANT’S employees.
C. Indemnification of Liability, Duty to Defend
1. As to professional liability, to the fullest extent permitted by law, CONSULTANT
shall defend, through counsel approved by CITY (which approval shall not be unreasonably
withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees
against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities
and expenses, including without limitation attorneys’ fees, to the extent arising or resulting directly
or indirectly from any willful or negligent acts, errors or omissions of CONSULTANT or
CONSULTANT’S assistants, employees or agents, including all claims relating to the injury or
death of any person or damage to any property.
2. As to other liability, to the fullest extent permitted by law, CONSULTANT shall
defend, through counsel approved by CITY (which approval shall not be unreasonably withheld),
indemnify and hold harmless CITY, its officers, representatives, agents and employees against any
and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and
expenses, including without limitation attorneys’ fees, arising or resulting directly or indirectly
from any act or omission of CONSULTANT or CONSULTANT’S assistants, employees or
agents, including all claims relating to the injury or death of any person or damage to any property.
D. Insurance
In addition to any other obligations under this Agreement, CONSULTANT shall, at no cost to
CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability
Insurance on a per occurrence basis, including coverage for owned and non-owned automobiles,
with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due
to bodily injury, sickness or disease, or death to any person, and damage to property, including the
loss of use thereof; and (b) Professional Liability Insurance (Errors & Omissions) with a minimum
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coverage of $1,000,000 per occurrence or claim, and $2,000,000 aggregate; provided however,
Professional Liability Insurance written on a claims made basis must comply with the requirements
set forth below. Professional Liability Insurance written on a claims made basis (including without
limitation the initial policy obtained and all subsequent policies purchased as renewals or
replacements) must show the retroactive date, and the retroactive date must be before the earlier
of the effective date of the contract or the beginning of the contract work. Claims made
Professional Liability Insurance must be maintained, and written evidence of insurance must be
provided, for at least five (5) years after the completion of the contract work. If claims made
coverage is canceled or non-renewed, and not replaced with another claims-made policy form with
a retroactive date prior to the earlier of the effective date of the contract or the beginning of the
contract work, CONSULTANT must purchase so called “extended reporting” or “tail” coverage
for a minimum of five (5) years after completion of work, which must also show a retroactive date
that is before the earlier of the effective date of the contract or the beginning of the contract work.
As a condition precedent to CITY’S obligations under this Agreement, CONSULTANT shall
furnish written evidence of such coverage (naming CITY, its officers and employees as additional
insureds on the Comprehensive Liability insurance policy referred to in (a) immediately above via
a specific endorsement) and requiring thirty (30) days written notice of policy lapse or cancellation,
or of a material change in policy terms.
E. Assignment
Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or
obligations of CONSULTANT under this Agreement may be assigned or subcontracted by
CONSULTANT without the prior written consent of CITY, which CITY may withhold in its sole
and absolute discretion.
F. State and Federal Taxes
As CONSULTANT is not CITY’S employee, CONSULTANT shall be responsible for paying all
required state and federal taxes. Without limiting the foregoing, CONSULTANT acknowledges
and agrees that:
• CITY will not withhold FICA (Social Security) from CONSULTANT’S
payments;
• CITY will not make state or federal unemployment insurance contributions on
CONSULTANT’S behalf;
• CITY will not withhold state or federal income tax from payment to
CONSULTANT;
• CITY will not make disability insurance contributions on behalf of
CONSULTANT;
• CITY will not obtain workers’ compensation insurance on behalf of
CONSULTANT.
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G. PREVAILING WAGE
CONTSULTANT agrees and acknowledges that it is its obligation to determine whether, and to
what extent, any work performed is or any workers employed relative to any construction to be
performed under this Agreement are subject to any Codes, Ordinances, Resolutions, Rules and
other Regulations and established policies of CITY and the laws of the State of California and the
United States, including, without limitation, the California Labor Code and Public Contract Code
relating to public contracting and prevailing wage requirements (“Prevailing Wage Laws”). To
the extent Prevailing Wage Laws apply to work performed or workers employed for the purpose
of performing work under this Agreement, CONTSULTANT shall fully comply with and ensure
that all workers and/or subcontractors are informed of and comply with all Prevailing Wage
Laws and specifically any applicable requirement of California Labor Code Sections 1720 et seq.
and 1770 et seq. and the regulations thereunder, which require the payment of prevailing wage
rates based on labor classification, as determined by the State of California, and the
performance of other requirements on certain “public works” or “maintenance” projects. It is
the duty of CONTRACTOR to post a copy of applicable prevailing wages at the job site. Prevailing
wage information may be obtained at www.dir.ca.gov.
No CONSULTANT or Subconsultant may be awarded an Agreement containing Public work
elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor
Code 1725.5. Registration with DIR must be maintained throughout the entire term of this
AGREEMENT, including any subsequent amendments.
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ARTICLE 6. OBLIGATIONS OF CITY
A. Cooperation of City
CITY agrees to respond to all reasonable requests of CONSULTANT and provide access, at
reasonable times following receipt by CITY of reasonable notice, to all documents reasonably
necessary to the performance of CONSULTANT’S duties under this Agreement.
B. Assignment
CITY may assign this Agreement or any duties or obligations thereunder to a successor
governmental entity without the consent of CONSULTANT. Such assignment shall not release
CONSULTANT from any of CONSULTANT’S duties or obligations under this Agreement.
ARTICLE 7. TERMINATION OF AGREEMENT
A. Sale of Consultant’s Business/ Death of Consultant.
CONSULTANT shall notify CITY of the proposed sale of CONSULTANT’s business no later
than thirty (30) days prior to any such sale. CITY shall have the option of terminating this
Agreement within thirty (30) days after receiving such notice of sale. Any such CITY termination
pursuant to this Article 7.A shall be in writing and sent to the address for notices to
CONSULTANT set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after CITY’
receipt of such notice of sale.
If CONSULTANT is an individual, this Agreement shall be deemed automatically terminated
upon death of CONSULTANT.
B. Termination by City for Default of Consultant
Should CONSULTANT default in the performance of this Agreement or materially breach any of
its provisions, CITY, at CITY’S option, may terminate this Agreement by giving written
notification to CONSULTANT. For the purposes of this section, material breach of this
Agreement shall include, but not be limited to the following:
1. CONSULTANT’S failure to professionally and/or timely perform any of the
services contemplated by this Agreement.
2. CONSULTANT’S breach of any of its representations, warranties or covenants
contained in this Agreement.
CONSULTANT shall be entitled to payment only for work completed in accordance with the
terms of this Agreement through the date of the termination notice, as reasonably determined by
CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for
the tasks described on Exhibit C” which have been fully, competently and timely rendered by
CONSULTANT. Notwithstanding the foregoing, if CITY terminates this Agreement due to
CONSULTANT’S default in the performance of this Agreement or material breach by
CONSULTANT of any of its provisions, then in addition to any other rights and remedies CITY
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may have, CONSULTANT shall reimburse CITY, within ten (10) days after demand, for any and
all costs and expenses incurred by CITY in order to complete the tasks constituting the scope of
work as described in this Agreement, to the extent such costs and expenses exceed the amounts
CITY would have been obligated to pay CONSULTANT for the performance of that task pursuant
to this Agreement.
C. Termination for Failure to Make Agreed-Upon Payments
Should CITY fail to pay CONSULTANT all or any part of the compensation set forth in Article 4
of this Agreement on the date due, then if and only if such nonpayment constitutes a default under
this Agreement, CONSULTANT, at the CONSULTANT’S option, may terminate this Agreement
if such default is not remedied by CITY within thirty (30) days after demand for such payment is
given by CONSULTANT to CITY.
D. Transition after Termination
Upon termination, CONSULTANT shall immediately stop work, unless cessation could
potentially cause any damage or harm to person or property, in which case CONSULTANT shall
cease such work as soon as it is safe to do so. CONSULTANT shall incur no further expenses in
connection with this Agreement. CONSULTANT shall promptly deliver to CITY all work done
toward completion of the services required hereunder, and shall act in such a manner as to facilitate
any the assumption of CONSULTANT’s duties by any new consultant hired by the CITY to
complete such services.
ARTICLE 8. GENERAL PROVISIONS
A. Amendment & Modification
No amendments, modifications, alterations or changes to the terms of this Agreement shall be
effective unless and until made in a writing signed by both parties hereto.
B. Americans with Disabilities Act of 1990
Throughout the term of this Agreement, the CONSULTANT shall comply fully with all applicable
provisions of the Americans with Disabilities Act of 1990 (“the Act”) in its current form and as it
may be amended from time to time. CONSULTANT shall also require such compliance of all
subcontractors performing work under this Agreement, subject to the prohibition against
assignment and subcontracting contained in Article 5 above. The CONSULTANT shall defend
with counsel acceptable to CITY, indemnify and hold harmless the CITY OF GILROY, its
officers, employees, agents and representatives from and against all suits, claims, demands,
damages, costs, causes of action, losses, liabilities, expenses and fees, including without limitation
reasonable attorneys’ fees, that may arise out of any violations of the Act by the CONSULTANT,
its subcontractors, or the officers, employees, agents or representatives of either.
C. Attorneys’ Fees
If any action at law or in equity, including an action for declaratory relief, is brought to enforce or
interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable
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attorneys’ fees, which may be set by the court in the same action or in a separate action brought
for that purpose, in addition to any other relief to which that party may be entitled.
D. Captions
The captions and headings of the various sections, paragraphs and subparagraphs of the Agreement
are for convenience only and shall not be considered nor referred to for resolving questions of
interpretation.
E. Compliance with Laws
The CONSULTANT shall keep itself informed of all State and National laws and all municipal
ordinances and regulations of the CITY which in any manner affect those engaged or employed in
the work, or the materials used in the work, or which in any way affect the conduct of the work,
and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over
the same. Without limiting the foregoing, CONSULTANT agrees to observe the provisions of the
Municipal Code of the CITY OF GILROY, obligating every contractor or subcontractor under a
contract or subcontract to the CITY OF GILROY for public works or for goods or services to
refrain from discriminatory employment or subcontracting practices on the basis of the race, color,
sex, religious creed, national origin, ancestry of any employee, applicant for employment, or any
potential subcontractor.
F. Conflict of Interest
CONSULTANT certifies that to the best of its knowledge, no CITY employee or office of any
public agency interested in this Agreement has any pecuniary interest in the business of
CONSULTANT and that no person associated with CONSULTANT has any interest that would
constitute a conflict of interest in any manner or degree as to the execution or performance of this
Agreement.
G. Entire Agreement
This Agreement supersedes any and all prior agreements, whether oral or written, between the
parties hereto with respect to the rendering of services by CONSULTANT for CITY and contains
all the covenants and agreements between the parties with respect to the rendering of such services
in any manner whatsoever. Each party to this Agreement acknowledges that no representations,
inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone
acting on behalf of any party, which are not embodied herein, and that no other agreement,
statement or promise not contained in this Agreement shall be valid or binding.
No other agreements or conversation with any officer, agent or employee of CITY prior to
execution of this Agreement shall affect or modify any of the terms or obligations contained in
any documents comprising this Agreement. Such other agreements or conversations shall be
considered as unofficial information and in no way binding upon CITY.
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H. Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of
California without regard to the conflict of laws provisions of any jurisdiction. The exclusive
jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and
federal courts located in Santa Clara County, California.
I. Notices
Any notice to be given hereunder by either party to the other may be effected either by personal
delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested.
Mailed notices shall be addressed to the parties at the addresses appearing in Exhibit “A”, Section
V.H. but each party may change the address by written notice in accordance with this paragraph.
Notices delivered personally will be deemed delivered as of actual receipt; mailed notices will be
deemed delivered as of three (3) days after mailing.
J. Partial Invalidity
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void
or unenforceable, the remaining provisions will nevertheless continue in full force without being
impaired or invalidated in any way.
K. Time of the Essence
All dates and times referred to in this Agreement are of the essence.
L. Waiver
CONSULTANT agrees that waiver by CITY of any one or more of the conditions of performance
under this Agreement shall not be construed as waiver(s) of any other condition of performance
under this Agreement.
Executed at Gilroy, California, on the date and year first above written.
CONSULTANT: CITY:
CSG Consultants CITY OF GILROY
By: By:
Name: Cyrus Klanpour, P.E., P.L.S. Name: Jimmy Forbis
Title: President Title: City Administrator
Social Security or Taxpayer
Identification Number 91-2053749
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Approved as to Form ATTEST:
City Attorney City Clerk
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EXHIBIT “A”
SPECIFIC PROVISIONS
I. PROJECT MANAGER
CONSULTANT shall provide the services indicated on the attached Exhibit “B”, Scope of
Services (“Services”). (All exhibits referenced are incorporated herein by reference.) To
accomplish that end, CONSULTANT agrees to assign Hal Williams, P.E., who will act in the
capacity of Project Manager, and who will personally direct such Services.
Except as may be specified elsewhere in this Agreement, CONSULTANT shall furnish all
technical and professional services including labor, material, equipment, transportation,
supervision and expertise to perform all operations necessary and required to complete the Services
in accordance with the terms of this Agreement.
II. NOTICE TO PROCEED/COMPLETION OF SERVICE
A. NOTICE TO PROCEED
CONSULTANT shall commence the Services upon delivery to CONSULTANT of a written
“Notice to Proceed”, which Notice to Proceed shall be in the form of a written communication
from designated City contact person(s). Notice to Proceed may be in the form of e-mail, fax or
letter authorizing commencement of the Services. For purposes of this Agreement, Daryl Jordan
shall be the designated City contact person(s). Notice to Proceed shall be deemed to have been
delivered upon actual receipt by CONSULTANT or if otherwise delivered as provided in the
Section V.H. (“Notices”) of this Exhibit “A”.
B. COMPLETION OF SERVICES
When CITY determines that CONSULTANT has completed all of the Services in accordance with
the terms of this Agreement, CITY shall give CONSULTANT written Notice of Final Acceptance,
and CONSULTANT shall not incur any further costs hereunder. CONSULTANT may request
this determination of completion when, in its opinion, it has completed all of the Services as
required by the terms of this Agreement and, if so requested, CITY shall make this determination
within two (2) weeks of such request, or if CITY determines that CONSULTANT has not
completed all of such Services as required by this Agreement, CITY shall so inform
CONSULTANT within this two (2) week period.
III. PROGRESS SCHEDULE
The schedule for performance and completion of the Services will be as set forth in the attached
Exhibit “C”.
IV. PAYMENT OF FEES AND DIRECT EXPENSES
Payments shall be made to CONSULTANT as provided for in Article 4 of this Agreement.
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Direct expenses are charges and fees not included in Exhibit “B”. CITY shall be obligated to pay
only for those direct expenses which have been previously approved in writing by CITY.
CONSULTANT shall obtain written approval from CITY prior to incurring or billing of direct
expenses.
Copies of pertinent financial records, including invoices, will be included with the submission of
billing(s) for all direct expenses.
V. OTHER PROVISIONS
A. STANDARD OF WORKMANSHIP
CONSULTANT represents and warrants that it has the qualifications, skills and licenses necessary
to perform the Services, and its duties and obligations, expressed and implied, contained herein,
and CITY expressly relies upon CONSULTANT’S representations and warranties regarding its
skills, qualifications and licenses. CONSULTANT shall perform such Services and duties in
conformance to and consistent with the standards generally recognized as being employed by
professionals in the same discipline in the State of California.
Any plans, designs, specifications, estimates, calculations, reports and other documents furnished
under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for
acceptance shall be a product of neat appearance, well-organized, technically and grammatically
correct, checked and having the maker and checker identified. The minimum standard of
appearance, organization and content of the drawings shall be that used by CITY for similar
purposes.
B. RESPONSIBILITY OF CONSULTANT
CONSULTANT shall be responsible for the professional quality, technical accuracy, and the
coordination of the Services furnished by it under this Agreement. CONSULTANT shall not be
responsible for the accuracy of any project or technical information provided by the CITY. The
CITY’S review, acceptance or payment for any of the Services shall not be construed to operate
as a waiver of any rights under this Agreement or of any cause of action arising out of the
performance of this Agreement, and CONSULTANT shall be and remain liable to CITY in
accordance with applicable law for all damages to CITY caused by CONSULTANT’S negligent
performance of any of the services furnished under this Agreement.
C. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT
CITY, through its authorized employees, representatives or agents, shall have the right, at any and
all reasonable times, to audit the books and records (including, but not limited to, invoices,
vouchers, canceled checks, time cards, etc.) of CONSULTANT for the purpose of verifying any
and all charges made by CONSULTANT in connection with this Agreement. CONSULTANT
shall maintain for a minimum period of three (3) years (from the date of final payment to
CONSULTANT), or for any longer period required by law, sufficient books and records in
accordance with standard California accounting practices to establish the correctness of all charges
submitted to CITY by CONSULTANT, all of which shall be made available to CITY at the CITY’s
offices within five (5) business days after CITY’s request.
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D. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not
limited to, computer data and source code), drawings, descriptions, documents, discussions or
other information developed or received by or for CONSULTANT and all other written and oral
information developed or received by or for CONSULTANT and all other written and oral
information submitted to CONSULTANT in connection with the performance of this Agreement
shall be held confidential by CONSULTANT and shall not, without the prior written consent of
CITY, be used for any purposes other than the performance of the Services, nor be disclosed to an
entity not connected with the performance of the such Services. Nothing furnished to
CONSULTANT which is otherwise known to CONSULTANT or is or becomes generally known
to the related industry (other than that which becomes generally known as the result of
CONSULTANT’S disclosure thereof) shall be deemed confidential. CONSULTANT shall not
use CITY’S name or insignia, or distribute publicity pertaining to the services rendered under this
Agreement in any magazine, trade paper, newspaper or other medium without the express written
consent of CITY.
E. NO PLEDGING OF CITY’S CREDIT.
Under no circumstances shall CONSULTANT have the authority or power to pledge the credit of
CITY or incur any obligation in the name of CITY.
F. OWNERSHIP OF MATERIAL.
All material including, but not limited to, computer information, data and source code, sketches,
tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps,
calculations, photographs, reports and other material developed, collected, prepared (or caused to
be prepared) under this Agreement shall be the property of CITY, but CONSULTANT may retain
and use copies thereof subject to Section V.D of this Exhibit “A”.
CITY shall not be limited in any way in its use of said material at any time for any work, whether
or not associated with the City project for which the Services are performed. However,
CONSULTANT shall not be responsible for, and City shall indemnify CONSULTANT from,
damages resulting from the use of said material for work other than PROJECT, including, but not
limited to, the release of this material to third parties for work other than on PROJECT.
G. NO THIRD PARTY BENEFICIARY.
This Agreement shall not be construed or deemed to be an agreement for the benefit of any third
party or parties, and no third party or parties shall have any claim or right of action hereunder for
any cause whatsoever.
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H. NOTICES.
Notices are to be sent as follows:
CITY: Daryl Jordan
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
CONSULTANT: Hal Williams
3150 Almaden Expressway #255
San Jose, CA
95118
I. FEDERAL FUNDING REQUIREMENTS.
If the box to the left of this sentence is checked, this Agreement involves federal
funding and the requirements of this Section V.I. apply.
If the box to the left of this sentence is checked, this Agreement does not involve
federal funding and the requirements of this Section V.I. do not apply.
1. DBE Program
CONSULTANT shall comply with the requirements of Title 49, Part 26, Code of Federal
Regulations (49 CFR 26) and the City-adopted Disadvantaged Business Enterprise programs.
2. Cost Principles
Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable cost
for individual items.
3. Covenant against Contingent Fees
The CONSULTANT warrants that he/she has not employed or retained any company or person,
other than a bona fide employee working for the CONSULTANT, to solicit or secure this
Agreement, and that he/she has not paid or agreed to pay any company or person, other than a
bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other
consideration, contingent upon or resulting from the award or formation of this Agreement. For
breach or violation of this warranty, the Local Agency shall have the right to annul this Agreement
without liability or, at its discretion, to deduct from the agreement price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or
contingent fee.
8.1.a
Packet Pg. 513 Attachment: CSG_Agreement 22-RFP-PW-478 (3850 : Award of Contract to CSG Consultant for the Design of Gourmet Alley)
-1- 4835-2267-0361v1 LAC\04706083
EXHIBIT “B”
SCOPE OF SERVICES
8.1.a
Packet Pg. 514 Attachment: CSG_Agreement 22-RFP-PW-478 (3850 : Award of Contract to CSG Consultant for the Design of Gourmet Alley)
CSG PROPOSAL TO THE CITY OF GILROY
PROJECT NO. 22-RFP=PW-478
6
SCOPE OF WORK
CSG has reviewed the RFP for the Gourmet Alley and Railroad Alley Pedestrian and Bicycle Beautification
Project (Project) and agrees with the scope of work identified by the City of Gilroy (City). The Gourmet Alley
and Railroad Alley Pedestrian and Bicycle Beautification scope of services consist of the following:
TASK 1 Project Management
Upon issuance of a Notice to Proceed, CSG will schedule a Kickoff meeting with the City, Recology, and other
project stakeholders to identify and discuss the project objectives, scope, schedule, and budget. At this
meeting, points of contact will be established; schedules reviewed; standards and guidelines identified, and
expectations communicated. During this meeting, specifics concerning project funding, public outreach,
design parameters, and other relevant details will take place.
CSG will continue to set up, manage the project, submit monthly invoices, and provide continuous
coordination. CSG will be responsible for coordination with clear and consistent communication with the City
and subconsultants to discuss the progress of the design. Throughout the entire project, CSG’s Project
Manager will act as the single point of contact to coordinate the project with the City.
Task Deliverables: Schedule Updates, Invoices, Meeting Minutes
TASK 2 Data Collection and Design Analysis
CSG will identify and collect existing right-of-way information, record drawings, as-built plans, utility
information, assessor and subdivision maps, right-of-way maps, and sample plans and specifications from the
City. CSG Team will obtain encroachment permits for any field investigation works. Any fee for obtaining
permits is not part of the scope.
F ield Investigation
CSG will conduct a field investigation to identify any project issues. Existing surface facility locations and types
will be field verified. Visual field assessment of existing site conditions will include existing roadway surface
facilities, aboveground and underground utilities, features on adjacent properties and pavement conditions.
Topographic Survey
Quiet River Land Services (QRLS) will perform land surveying services. Set horizontal and vertical control
based on the City’s Horizontal Control Survey. The elevation will be based on the City’s Benchmarks that are
based on NAVD88 Datum. Field survey at 50 feet interval cross-sections of the streets and extend at least 100
feet past the project right of way limits, starting, ending and at each intersection location. Map topographic
survey data in an AutoCAD-based drawing. QRLS will research existing Record of Surveys, Corner Records and
Subdivision Maps to determine the locations of existing survey monuments that will be affected by the
Project. The existing monuments will be field-surveyed. After construction, any monument proven to have
been compromised by the project be re-set by the contractor. Prepare a Corner Record and submit to the
County Surveyors Office depicting the location and character of the new monument. All existing monuments
will be shown on the construction package with a language to preserve all monumentation affected by the
proposed improvements.
Task Deliverables: AutoCAD Base File, Survey Data Files
TASK 3 Agency Coordination and Approval
Because the Clean California grant is relatively new, it is not clear whether a streamlined environmental
documentation method is available. It is imperative that upon notice to proceed that the City determines the
required documentation necessary to facilitate Caltrans oversight. The scope and fee assume typical E76
preparation applies to the project. CSG will prepare all required Caltrans Local Assistance Procedures Manual
(LAPM) forms, including Caltrans Field Review, Environmental Clearance, Encroachment Permit, Right of Way
Certification, and Caltrans E76 documents.
Task Deliverables: Caltrans LAPM documents
8.1.a
Packet Pg. 515 Attachment: CSG_Agreement 22-RFP-PW-478 (3850 : Award of Contract to CSG Consultant for the Design of Gourmet Alley)
CSG PROPOSAL TO THE CITY OF GILROY
PROJECT NO. 22-RFP=PW-478
7
TASK 4 Preliminary Design (50%)
CSG, in conjunction with Dillingham Associates, will prepare and submit up to three conceptual plans and
rough estimates at 50% design level. The plans will provide enough details to facilitate discussion about the
preferred alternative for the proposed improvements. It is anticipated that all major Project issues and design
decisions will be resolved during this submittal stage.
It is assumed that general provisions (“front end” boilerplate) will be provided by the City in Word document
format for a similar type of project will be provided at this stage.
Task Deliverables: Up to three design alternatives with renderings and estimates
TASK 5 Construction Documents (95% through Bid Documents)
Using the preferred alternative selected during Task 4, CSG will develop plans in AutoCAD, specifications in
Word, and engineer’s estimate in Excel formats at the 95% and 100%, and Bid Set design levels in accordance
with the latest City, Caltrans, and California MUTCD Standard. The plan set will generally include the
following types of plan sheets: Title/General Notes/Key Map, Demolition Plans, Layout Plans, Drainage/Utility
Plans, Construction Details, Signing and Striping Plans, Landscape Improvement/Irrigation Plans, Lighting
Plans, PG&E Undergrounding Plans (if needed), Erosion Control/Pollution Prevention Plans.
The special specification will be prepared and in accordance with applicable City’s format. It is assumed that
general provisions (“front end” boilerplate) will be provided by the City in Microsoft Word document format
for a similar type of project. A response matrix will be prepared listing City’s review comments on the 95%
and 100% design submittals and CSG’s responses to those comments. Agreed upon comments will be
incorporated at the next design level. CSG will perform quality assurance and quality control prior to each
submittal and in conformance to City, Caltrans, and CA MUTCD Standards.
Task Deliverables: Base Map, One (1) set of Plans, Specifications and Engineer’s Estimate in PDF format at
each submittal, City’s Review Comment Matrix; One (1) set of specifications in Word and PDF formats; One (1)
set of the Engineer’s Construction Cost Estimate in Excel and PDF formats; One (1) set of all plans in AutoCAD
and PDF formats; Meeting Minutes
TASK 6 Bid Phase Support
CSG shall assist the City during bidding to respond to contractors’ questions and Requests for Information
(RFIs), will support the City’s efforts to inform plan holders of significant responses to RFIs, and will develop
addenda, as needed. Quality control and constructability reviews will be performed before submittal to the
City. This will represent the final submittal of the PS&E for approval by the City.
Task Deliverables: Responses to RFIs, if needed; Addenda, if needed
TASK 7 Design Support During Construction
CSG staff is highly responsive to requests received during construction and understands that timely responses
are crucial in avoiding construction delays and claims. CSG will assist the City during construction and provide
the following support services:
Attend Pre-construction meeting.
Attend up to two (2) construction progress meetings.
Participate in the final inspection and development of punch lists.
Provide clarifications, as required, of construction documents and respond to Contractor’s Requests
for Information (RFIs).
Review and approval of sample and material submittals specified in Contract Documents which
impact the design.
Review of any proposed substitutions for conformance to the Contract Documents.
Responding to Construction Change Orders (CCOs) and review of Requests for Quotations, if needed.
8.1.a
Packet Pg. 516 Attachment: CSG_Agreement 22-RFP-PW-478 (3850 : Award of Contract to CSG Consultant for the Design of Gourmet Alley)
CSG PROPOSAL TO THE CITY OF GILROY
PROJECT NO. 22-RFP=PW-478
8
Optional Tasks
If required, CSG can provide the following optional services as defined in the fee proposal:
Additional Design Support – as needed support for design development.
Union Pacific Railroad (UPRR) Coordination – Coordination with UPRR along Railroad Alley. While no
specific requests have been made by the City or UPRR to this date, and preliminary thoughts do not
anticipate encroachment onto UPRR property, our fee allows for any coordination efforts that may
arise during the project design.
PG&E Undergrounding Design – There is the potential for the project to allow for the design and
construction of a trench to underground existing electrical utilities along Gourmet Alley. While the
project could not actually place the conduit due to regulatory and schedule constraints, there is the
potential for some of the work to be completed and allow for future conduit placement with minimal
impact to the alley.
8.1.a
Packet Pg. 517 Attachment: CSG_Agreement 22-RFP-PW-478 (3850 : Award of Contract to CSG Consultant for the Design of Gourmet Alley)
-1- 4835-2267-0361v1 LAC\04706083
EXHIBIT “C”
MILESTONE SCHEDULE
8.1.a
Packet Pg. 518 Attachment: CSG_Agreement 22-RFP-PW-478 (3850 : Award of Contract to CSG Consultant for the Design of Gourmet Alley)
ID Task Name Duration Start Finish
1 Notice to Proceed 0 days Mon 8/15/22 Mon 8/15/22
2 Task 1 - Project Management & Coordination 460 days Wed 8/17/22 Tue 5/21/24
3 Kickoff Meeting 0 days Wed 8/17/22 Wed 8/17/22
4 Project Management Activities 460 days Wed 8/17/22 Tue 5/21/24
5 Coordination with Sub-Consultants (Agreements, Refine Expectations)45 days Mon 8/22/22 Fri 10/21/22
6 Task 2 - Site Evaluation and Design Analysis 88 days Mon 8/22/22 Wed 12/21/22
7 Site Evalution and Field Review 88 days Mon 8/22/22 Wed 12/21/22
8 Aerial Survey 1 day Thu 9/8/22 Thu 9/8/22
9 Right of Way Traverse 10 days Fri 9/9/22 Thu 9/22/22
10 Topographic Survey 10 days Thu 9/8/22 Wed 9/21/22
11 Initial Base Mapping and Project Setup 10 days Mon 8/29/22 Fri 9/9/22
12 Obtain Utility Maps 20 days Thu 9/1/22 Wed 9/28/22
13 Preliminary Field Reconnaissance 75 days Mon 8/22/22 Fri 12/2/22
14 Utility Coordination 60 days Thu 9/29/22 Wed 12/21/22
15 Task 3 - Agency Coordination and Approal 165 days Thu 2/2/23 Wed 9/20/23
16 Caltrans LAPM Coordination 165 days Thu 2/2/23 Wed 9/20/23
17 Field Review Document & PES Form Preparation (Maps, Cross-Sections, FEMA)30 days Thu 2/2/23 Wed 3/15/23
18 Submit Field Review Documentation 0 days Wed 3/15/23 Wed 3/15/23
19 Field Review Meeting 0 days Wed 4/5/23 Wed 4/5/23
20 Prepare E-76 Package 60 days Thu 4/6/23 Wed 6/28/23
21 E76 Technical Memos 60 days Thu 4/6/23 Wed 6/28/23
22 Prepare Tech Studies (NEPA)60 days Thu 4/6/23 Wed 6/28/23
23 ROW Cert 60 days Thu 4/6/23 Wed 6/28/23
24 Environmental/Traffic 60 days Thu 4/6/23 Wed 6/28/23
25 Submit E-76 Package 0 days Wed 6/28/23 Wed 6/28/23
26 Caltrans E-76 Review 60 days Thu 6/29/23 Wed 9/20/23
27 Authorization to Proceed 0 days Wed 9/20/23 Wed 9/20/23
28 Task 4 - Preliminary Design (50%)115 days Thu 8/25/22 Wed 2/1/23
29 Field Investigations 5 days Thu 8/25/22 Wed 8/31/22
30 Develop 50% Design 60 days Thu 9/29/22 Wed 12/21/22
31 Stakeholder Meeting 0 days Wed 11/9/22 Wed 11/9/22
32 Submit 50% Design 0 days Wed 12/21/22 Wed 12/21/22
33 City Review 15 days Thu 12/22/22 Wed 1/11/23
34 Stakeholder Meeting 0 days Wed 1/18/23 Wed 1/18/23
8/15 Notice to Proceed
8/17 Kickoff Meeting
Project Management Activities
Coordination with Sub-Consultants (Agreements, Refine Expectations)
Aerial SurveyAerial Survey
Right of Way Traverse
Topographic Survey Topographic Survey
Initial Base Mapping and Project Setup
Obtain Utility Maps
Preliminary Field Reconnaissance
Utility Coordination
Field Review Document & PES Form Preparation (Maps, Cross-Sections, FEMA)
3/15 Submit Field Review Documentation
4/5 Field Review Meeting
Prepare Tech Studies (NEPA)
ROW Cert
Environmental/Traffic
6/28 Submit E-76 Package
Caltrans E-76 Review
9/20 Authorization to Proceed
Field Investigations
Develop 50% DesignDevelop 50% Design
11/9 Stakeholder Meeting
12/21 Submit 50% Design
City ReviewCity Review
1/18 Stakeholder Meeting
May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug
2nd Quarter 3rd Quarter 4th Quarter 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter 1st Quarter 2nd Quarter 3rd Quarter
Critical Split Task Milestone Summary Critical
City of Gilroy
Gourmet Alley and Railroad Alley Pedestrian and Bicycle Beautification Improvements
Page 1
Date: Wed 7/20/22
8.1.a
Packet Pg. 519 Attachment: CSG_Agreement 22-RFP-PW-478 (3850 : Award of Contract to CSG Consultant for the Design of Gourmet Alley)
ID Task Name Duration Start Finish
35 Meeting - 50% comment review 0 days Wed 2/1/23 Wed 2/1/23
36 Task 5 - Construction Documents (95% through Bid Documents)162 days Thu 2/2/23 Fri 9/15/23
37 5.1 95% PS&E Construction Documents Package 70 days Thu 2/2/23 Wed 5/10/23
38 Develop 95% Construction Documents Package 45 days Thu 2/2/23 Wed 4/5/23
39 Submit 95% Construction Documents Package 0 days Wed 4/5/23 Wed 4/5/23
40 City Review 15 days Thu 4/6/23 Wed 4/26/23
41 Stakeholder Meeting 0 days Wed 5/3/23 Wed 5/3/23
42 Meeting - 95% comment review 0 days Wed 5/10/23 Wed 5/10/23
43 5.2 100% Construction Documents Package 55 days Thu 4/27/23 Wed 7/12/23
44 Develop 100% Construction Documents Package 40 days Thu 4/27/23 Wed 6/21/23
45 Submit 100% Construction Documents Package 0 days Wed 6/21/23 Wed 6/21/23
46 City Review 5 days Thu 6/22/23 Wed 6/28/23
47 Stakeholder Meeting 0 days Wed 7/5/23 Wed 7/5/23
48 Meeting - 100% Comment Review 0 days Wed 7/12/23 Wed 7/12/23
49 5.3 Final Bid Set Documents 47 days Thu 7/13/23 Fri 9/15/23
50 Develop Final Bid Set Documents 30 days Thu 7/13/23 Wed 8/23/23
51 Submit Final Bid Set Documents 0 days Wed 8/23/23 Wed 8/23/23
52 City Review 10 days Thu 8/24/23 Wed 9/6/23
53 Meeting - Bid Set Discussion 0 days Fri 9/15/23 Fri 9/15/23
54 Task 6 - Bid Support Assistance 30 days Mon 10/9/23 Fri 11/17/23
55 Advertise Project 20 days Mon 10/9/23 Fri 11/3/23
56 Bid Support Services 30 days Mon 10/9/23 Fri 11/17/23
57 Task 7 - Construction Support 135 days Tue 11/21/23 Tue 5/28/24
58 Award Project 0 days Tue 11/21/23 Tue 11/21/23
59 Pre Construction Meeting 0 days Tue 11/28/23 Tue 11/28/23
60 Construction Support 100 days Wed 11/29/23 Tue 4/16/24
61 Site Visit Meeting #1 0 days Tue 12/26/23 Tue 12/26/23
62 Site Visit Meeting #2 0 days Tue 2/6/24 Tue 2/6/24
63 Site Visit Meeting #3 0 days Tue 3/19/24 Tue 3/19/24
64 Punch List Walk Thru 0 days Mon 4/22/24 Mon 4/22/24
65 Record Drawings and Project Close-Out 20 days Wed 5/1/24 Tue 5/28/24
66 Develop Record Drawings and Final Punch List 15 days Wed 5/1/24 Tue 5/21/24
67 Submit Record Drawings and Final Punch List 0 days Tue 5/21/24 Tue 5/21/24
68 Final Punch List Walk Thru 0 days Tue 5/28/24 Tue 5/28/24
2/1 Meeting - 50% comment review
Develop 95% Construction Documents PackageDevelop 95% Construction Documents Package
4/5 Submit 95% Construction Documents Package
City ReviewCity Review
5/3 Stakeholder Meeting
5/10 Meeting - 95% comment review
Develop 100% Construction Documents PackageDevelop 100% Construction Documents Package
6/21 Submit 100% Construction Documents Package
City ReviewCity Review
7/5 Stakeholder Meeting
7/12 Meeting - 100% Comment Review
Develop Final Bid Set DocumentsDevelop Final Bid Set Documents
8/23 Submit Final Bid Set Documents
City ReviewCity Review
9/15 Meeting - Bid Set Discussion
Advertise ProjectAdvertise Project
Bid Support ServicesBid Support Services
11/21 Award Project
11/28 Pre Construction Meeting
Construction SupportConstruction Support
12/26 Site Visit Meeting #1
2/6 Site Visit Meeting #2
3/19 Site Visit Meeting #3
4/22 Punch List Walk Thru
Develop Record Drawings and Final Punch ListDevelop Record Drawings and Final Punch List
5/21 Submit Record Drawings and Final Punch List
5/28 Final Punch List Walk Thru
May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug
2nd Quarter 3rd Quarter 4th Quarter 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter 1st Quarter 2nd Quarter 3rd Quarter
Critical Split Task Milestone Summary Critical
City of Gilroy
Gourmet Alley and Railroad Alley Pedestrian and Bicycle Beautification Improvements
Page 2
Date: Wed 7/20/22
8.1.a
Packet Pg. 520 Attachment: CSG_Agreement 22-RFP-PW-478 (3850 : Award of Contract to CSG Consultant for the Design of Gourmet Alley)
4835-2267-0361v1 LAC\04706083
EXHIBIT “D”
PAYMENT SCHEDULE
8.1.a
Packet Pg. 521 Attachment: CSG_Agreement 22-RFP-PW-478 (3850 : Award of Contract to CSG Consultant for the Design of Gourmet Alley)
TASK Description
Principal EngineerAssociate EngineerAssistant EngineerCSG TOTALSDillingham AssociatesGiacalone Design ServicesQuiet River Land ServicesTOTAL
Category $240 $180 $150 Hours Cost
Project Coordination & Sub Consultant Management 80 8 88 $ 20,640
Discussion with City Staff 40 28 68 $ 14,640
Design Schedule and Updates 16 16 $ 3,840
Task 1 - Subtotal 136 36 0 172 $ - $ - $ 39,120
As Built Data, Utility Research, Review of Existing Plans 6 12 20 38 $ 6,600
Field Review and Topography 4 4 12 20 $ 20,500 $ 23,980
Task 2 - Subtotal 10 16 32 58 $ - $ 20,500 $ 30,580
Field Review Documents & PES Form Preparation 6 8 10 24 $ 4,380
Preparation and Submittal of E-76 Package 4 8 20 32 $ 5,400
Quality Control Review 8 12 20 $ 4,080
Task 3 - Subtotal 18 28 30 76 $ 13,860
50% Design 8 40 80 128 $ 49,600 $ 70,720
Exhibit Preparation 2 4 12 18 $ 3,000
Stakeholder Meeting 8 4 12 $ 2,640
Comment Review Meeting 4 8 12 $ 2,400
Task 4 - Subtotal 22 56 92 170 $ 49,600 $ - $ 78,760
95% PS&E 20 44 92 156 $ 26,520
Stakeholder Meeting 8 4 12 $ 2,640
Response to Comments 2 4 4 10 $ 1,800
100% PS&E 12 28 60 100 $ 16,920
Stakeholder Meeting 4 2 6 $ 1,320
Response to Comments 2 4 4 10 $ 1,800
Bid Set PS&E 4 8 20 32 $ 22,150 $ 27,550
Task 5 - Subtotal 52 94 180 326 $ 22,150 $ - $ 78,550
Bid support 12 8 20 40 $ 750 $ 8,070
Plan Revisions 4 10 18 32 $ 5,460
Conformed Set 8 8 16 32 $ 5,760
Task 6 - Subtotal 24 26 54 104 $ 750 $ - $ 19,290
Attend Pre-construction meetings 8 4 12 $ 6,000 $ 8,640
Attend construction meetings / Site visits 28 12 40 $ 8,880
Review Submittals and Record Drawings 16 32 48 $ 9,600
Task 7 - Subtotal 52 48 0 100 $ 6,000 $ 27,120
Project Totals 314 304 388 1,006 $ 78,500 $ - $ 20,500 $ 287,280
$ 287,280
Additional City Design Support 4 16 20 $ 20,000 $ 23,360
UPRR Coordination 8 20 28 $ 5,520
PG&E Undergrounding Design 12 28 40 $ 20,000 $ 27,080
Subtotal - Optional Tasks $ 20,000 $ 20,000 $ 55,960
$ 343,240
TASK 3 – Agency Coordination and Approval
CITY OF GILROY
CSG Consultants, Inc.
TASK 1 – Project Management and Coordination
Gourmet Alley and Railroad Alley Pedestrian and Bicycle Beautification Improvements
TASK 2 – Data Collection and Design Analysis
TOTAL WITH OPTIONAL TASKS
OPTIONAL TASKS
TOTAL PROPOSED FEE
TASK 4 – Preliminary Design (50%)
TASK 7 – Design Support During Construction
TASK 6 – Bid Phase Support
TASK 5 – Construction Documents (95% through Bid Documents)
8.1.a
Packet Pg. 522 Attachment: CSG_Agreement 22-RFP-PW-478 (3850 : Award of Contract to CSG Consultant for the Design of Gourmet Alley)
RESOLUTION NO. 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY AMENDING THE BUDGET FOR THE CITY
OF GILROY FOR 2022-2023 AND APPROPRIATING
PROPOSED EXPENDITURE AMENDMENTS
WHEREAS, the City Administrator prepared and submitted to the City Council a budget
for the City of Gilroy for Fiscal Years 2021-2022 and 2022-2023, and the City Council
carefully examined, considered and adopted the same on June 7, 2021; and
WHEREAS, City Staff has prepared and submitted to the City Council proposed
amendments to said budget for Fiscal Year 2022-2023 for the City of Gilroy in the staff report
dated August 15, 2022 for the Gourmet Alley and Railroad Alley Pedestrian and Bicycle
Beautification Improvements Project, City Project No. 22-RFP-PW-478.
NOW, THEREFORE, BE IT RESOLVED THAT the appropriations for Fiscal Year
2022-2023 in Fund 487 (Downtown Beautification) shall be increased by $3,960,765.
PASSED AND ADOPTED this 15th day of August, 2022 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED:
Marie Blankley, Mayor
ATTEST:
_______________________
Thai Nam Pham, City Clerk
8.1.b
Packet Pg. 523 Attachment: Resolution Fund 487 Budget Amendment (3850 : Award of Contract to CSG Consultant for the Design of Gourmet Alley)
City of Gilroy
STAFF REPORT
Agenda Item Title: Award of Contract to CSG Consultants for the Design of
the Gourmet Alley and Railroad Alley Pedestrian and
Bicycle Beautification Improvements Project (No. 22-RFP-
PW-478) in the amount of $343,240 with a Project
Contingency of $34,760 (~10%) and Approve a Project
Expenditure of $378,000
Meeting Date: August 15, 2022
From: Jimmy Forbis, City Administrator
Department: Public Works Department
Submitted By: Daryl Jordan, PE, Public Works Director
Prepared By: Daryl Jordan, PE, Public Works Director
Strategic Plan Goals
☐ Develop a Financially
Resilient Organization
☐ Ensure Neighborhood
Equity from City
Services
Promote Economic
Development
Activities
☐ Promote Safe,
Affordable Housing for All
☐ Maintain and Improve
City Infrastructure
RECOMMENDATION
a) Adopt a resolution of the City Council of the City of Gilroy amending the budget
for the City of Gilroy for Fiscal Year 2022 -2023 and appropriating proposed
expenditure amendments.
b) Award a contract to CSG Consultants in the amount of $343,240 with a project
contingency of $34,760 (approximately 10%) for the design of the Gourmet Alley
and Railroad Alley Pedestrian and Bicycle Beautification Improvements Project, No.
22-RFP-PW-478 and authorize the City Administrator to execute the contract and
9.1
Packet Pg. 524
associated documents.
EXECUTIVE SUMMARY
The Department of Public Works requires the assistance of consultants for
engineering and design support services for the Gourmet Alley and Railroad Alley
Pedestrian and Bicycle Beautification Improvements Project.
Staff solicited a Request for Proposal (RFP) for On -Call Engineering and Design
Support Services. Staff recommends proceeding with CSG Consultants, the only firm
that submitted a proposal to provide these services.
Staff is proposing Council adopt a resolution to amend the budget for fiscal year
2022-2023 and increase appropriations in Fund 487 (Downtown Beautification) by
$343,240 plus $34,760 as contingency, approximately 10%, for a total of $378,000
too fully fund the design of the project.
BACKGROUND
The City of Gilroy was awarded a $3.9 million grant in March of 2022 from the California
Department of Transportation (“Caltrans”) Clean California Local Grant Program. The
grant is for cleanup events and infrastructure improvements along Gourmet Alley and
Railroad Alley.
The grant will transform these important alleyways into clean, well-lit, walkable corridors
that connect the public to both the city’s main transit center and the City Cultural Arts
Center. The spaces will be beautified by paving the alleys with marked paths for
walkers and bikers, adding shade, benches, wayfinding signage and waste and
recycling receptacles becoming a source of community pride.
The project’s scope of work includes the development of Plans, Specifications, and
Engineer’s Estimate (PS&E) to provide infrastructure improvements funded by the grant
that include lighting, landscape, and surface improvements. Additional scope provided
upon request includes Project Management, Bid Support Services, and Construction
Support Services.
ANALYSIS
On July 8, 2022, staff issued a Request for Proposals (RFP) for on-call engineering and
design support services to eleven (11) prospective consultants on the approved list. Out
of the eleven prospective consultants, only o ne proposal was received from CSG
Consultants. Staff speculates that only one proposal was received due to the short
advertisement period of two weeks. This was done to expedite the project design in
order to meet the project’s grant timelines. Based on staff’s review of qualifications,
experiences, and cost proposal, staff recommends that the City Council award the
contract to CSG Consultants in the amount of $343,240 plus $34,760 as contingency,
9.1
Packet Pg. 525
approximately 10%, for a total amount of $378,000. CSG Consultants has been the
City’s contractor providing staff augmentation services in the past for the Capital
Improvement Program (CIP) and currently for on-call engineering plan review services;
staff has been pleased with CSG’s performance over the years.
ALTERNATIVES
City Council can reject the award of this contract with CSG Consultants. Staff does not
recommend this option as it could jeopardize the grant funds and delay the project.
FISCAL IMPACT/FUNDING SOURCE
The total proposal from CSG Consultants is $343,240 with optional services included.
Staff recommends including $34,760 as contingency, approximately 10%, addressing
unforeseen issues that may arise during the design process, for a total design
allocation of $378,000. The actual cost of the construction for the project will be
determined through a competitive construction bid process.
Staff will invoice Caltrans for a reimbursement in grant funds for the design costs as
they are incurred. Staff recommends that the City Council adopt the attached resolution
to amend the budget for Fiscal Year 2022-2023, increasing appropriations in Fund 487
(Downtown Beautification) for the full amount of the grant award, $3,960,765.
CONCLUSION
Staff recommends that City Council approve the award of a contract with CSG
Consultants for the design of the Gourmet Alley and Railroad Alley Pedestrian and Bicycle
Beautification Improvements Project and authorize the City Administrator to execute the
contract and associated documents.
NEXT STEPS
Upon Council’s approval, the contract will be executed, and staff will work with the
consultant to develop a final design schedule to begin design activities in August 2022.
Attachments:
1. CSG_Agreement 22-RFP-PW-478
2. Resolution Fund 487 Budget Amendment
9.1
Packet Pg. 526
ORDINANCE NO. 2022-XX
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GILROY ADOPTING A SHORT-TERM INTERIM FRANCHISE
AGREEMENT WITH RECOLOGY SOUTH VALLEY FOR SOLID
WASTE HAULING SERVICES AND A FINDING THAT ITS ACTION IN
ADOPTING THE ORDINANCE IS EXEMPT FROM REVIEW UNDER
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”)
PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3) (COMMON
SENSE EXEMPTION) IN THAT THE PROPOSED ORDINANCE WILL
CONTINUE AN EXISTING STATE-MANDATED PROGRAM FOR THE
PROTECTION OF PUBLIC HEALTH AND THE ENVIRONMENT, AND
NONE OF THE CIRCUMSTANCES IN CEQA GUIDELINES SECTION
15300.2 APPLY
WHEREAS, the City of Gilroy (City) is a municipal corporation, duly organized under
the constitution and laws of the State of California; and
WHEREAS, pursuant to California Constitution Article XI, Section 7, and the City
Charter, Section 600, the City Council has the authority to enact ordinances which promote the
public health, safety and general welfare of its residents, including sanitation ordinances and
regulations; and
WHEREAS, the provision of sanitary solid waste hauling services is an essential
component to protecting public health, safety, and welfare, and is a state mandated service; and
WHEREAS, solid waste hauling services are contracted through an exclusive franchise
agreement, and enacted pursuant to Article XIII of the City Charter entitled “Franchises”; and
WHEREAS, Section 1302 of Article XIII of the City Charter places a term limitation on
franchise agreements at a maximum of 25 years; and
WHEREAS, the existing franchise agreement was adopted on September 2, 1997, which
establishes the 25-year limitation date to be up to and including September 2, 2022, necessitating
a new franchise agreement by that date; and
WHEREAS, the City has been in negotiations on a new franchise agreement with
Recology South Valley, but has not yet reached a formal agreement which is inclusive of all the
additional duties and requirements of recent state legislation regarding organics and recycling; and
WHEREAS, a franchise agreement is required to continue providing solid waste hauling
services, a state mandate, generating an urgent need to place a franchise agreement for solid waste
hauling services into effect; and
WHEREAS, failure to have a franchise agreement in effect for any period of time would
cause garbage to accumulate within the City of Gilroy, which would cause a visual nuisance and
noxious odors, and which could attract vermin and other pests, contribute to pollution, and
facilitate the spread of disease-causing pathogens; and
9.1.a
Packet Pg. 527 Attachment: Proposed Urgency Ordinance (3921 : Interim Franchise Agreement)
Ordinance No. 2022-XX
Short-Term Interim Franchise Agreement w/ Recology
City Council Regular Meeting | August 15, 2022
Page 2 of 3
WHEREAS, the City and Recology South Valley have developed a short-term interim
exclusive franchise agreement, attached as Attachment “A” and incorporated herein by reference,
which retains essential services while a new franchise agreement is finalized and begins the first
phase of implementing the organics and recycling requirements as imposed by recently adopted
State law; and
WHEREAS, adopting this Ordinance is exempt from review under the California
Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061(b)(3)
(Common Sense Exemption) in that the proposed ordinance will continue an existing state-
mandated program for the protection of public health and the environment, and none of the
circumstances in CEQA Guidelines Section 15300.2 apply.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
The foregoing recitals are true and correct and are incorporated herein by this reference.
SECTION II
That the short-term interim franchise agreement between the City and Recology South Valley,
attached as Attachment “A” is hereby adopted.
SECTION III
This urgency ordinance, pursuant to Gilroy City Charter, Article VI, Section 602, is hereby
declared by the City to be necessary as an urgent measure and shall take effect immediately and
be in full force and effect after its approval and adoption based on the following:
a. The City Council finds that the City is required to provide solid waste hauling services for
the protection of public health and safety for reasons set forth in the recitals, and to meet
legal obligations placed upon it by the State of California in furtherance of these two
essential needs.
b. The City Council finds that the provision of this service, as a utility, is to be provided by a
franchise agreement as indicated in the City Charter. The City Charter limits franchise
agreements to 25 years, of which the City’s current franchise agreement will reach the 25-
year limit on September 2, 2022, before the next City Council meeting, and before a regular
ordinance authorizing an exclusive franchise agreement can be in effect. Finalizing
negotiations of a franchise agreement has been delayed by the negotiation of terms and
conditions implementing the organics and recycling requirements as imposed by recently
adopted State law.
c. The City Council finds that the provision of services without a current franchise agreement
is made a misdemeanor by the City Charter, which would prevent the City’s current solid
waste hauler from providing its service to meet the City’s obligations relating to health,
9.1.a
Packet Pg. 528 Attachment: Proposed Urgency Ordinance (3921 : Interim Franchise Agreement)
Ordinance No. 2022-XX
Short-Term Interim Franchise Agreement w/ Recology
City Council Regular Meeting | August 15, 2022
Page 3 of 3
safety and general welfare of the public beyond September 2, 2022, therefore creating a
public health threat.
d. The City Council finds that the City has a franchise agreement in place, and a new one is
being negotiated, but will not be ready in time for adoption as this urgency ordinance
agreement, necessitating the short-term interim agreement proposed, and this ordinance to
take effect immediately to complete the franchise agreement process to continue essential
services during the intervening time until the negotiated franchise agreement can be
finalized.
SECTION IV
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be
invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of
this ordinance. The City Council of the City of Gilroy hereby declares that it would have passed
and adopted this ordinance, and each section, subsection, sentence, clause or phrase hereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases
may be declared invalid or unconstitutional.
SECTION V
This Urgency Ordinance is adopted pursuant to Gilroy City Charter, Section 602. The City Clerk
shall certify to the adoption of this Urgency Ordinance and cause the same to be published in the
manner prescribed by law, and it shall become effective immediately upon its adoption.
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF GILROY this 15th
day of August, 2022 by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED:
Marie Blankley, Mayor
ATTEST:
_______________________
Thai Nam Pham, City Clerk
9.1.a
Packet Pg. 529 Attachment: Proposed Urgency Ordinance (3921 : Interim Franchise Agreement)
SHORT TERM INTERIM FRANCHISE AGREEMENT BETWEEN
THE CITY OF GILROY
AND
RECOLOGY SOUTH VALLEY
FOR SOLID WASTE AND RECYCLING SERVICES
Attachment A
9.1.b
Packet Pg. 530 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)
Table of Contents
INTERIM FRANCHISE AGREEMENT ......................................................................................................3
1)Definitions ......................................................................................................................................... 4
2)Conditions to Effectiveness of Agreement ....................................................................................... 6
3)Contractor Status and Authorization ................................................................................................ 6
4)Scope of Contractor's Services .......................................................................................................... 6
5)Contractor's Equipment and Personnel .......................................................................................... 10
6)Rights and Obligations Affecting Customers................................................................................... 12
7)City's Responsibilities ...................................................................................................................... 12
8)Exclusivity ........................................................................................................................................ 12
9)Recordkeeping and Reports ............................................................................................................ 13
10)Rates and Charges ....................................................................................................................... 14
11)Payments ..................................................................................................................................... 15
12)Performance Audits and Liquidated Damages ........................................................................... 16
13)Relationship of Parties ................................................................................................................ 17
14)Guaranty ..................................................................................................................................... 18
15)Insurance ..................................................................................................................................... 19
16)Assignment .................................................................................................................................. 19
17)Dispute Resolution ...................................................................................................................... 19
18)Term and Termination of Agreement ......................................................................................... 19
19)Notices ........................................................................................................................................ 21
20)Miscellaneous Provisions ............................................................................................................ 21
EXHIBIT "A" – Collection Schedules and Rules .................................................................................. 24
EXHIBIT "B" – Container Specifications and Rules .............................................................................. 26
EXHIBIT “C” – Extra Pickup and Other Special Services ...................................................................... 27
EXHIBIT "D" – Customer Service Standards ....................................................................................... 31
EXHIBIT "E" – Collection Vehicle Specifications ................................................................................. 33
EXHIBIT "F" – Monthly Reports ......................................................................................................... 34
EXHIBIT "G" – Approved Collection and Special Service Rates ............................................................ 35
EXHIBIT "H" – Form of Monthly Billing and Collection Report ............................................................ 39
EXHIBIT "I" – Liquidated Damages for Failure to Perform .................................................................. 40
EXHIBIT "J" – Guaranty of Performance ............................................................................................ 41
EXHIBIT "K" – Required Insurance Coverages .................................................................................... 43
Attachment A
9.1.b
Packet Pg. 531 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)
INTERIM FRANCHISE AGREEMENT
This Interim Agreement (“Agreement”) is made and entered into this 15th day of August, 2022
("Effective Date") by and between the CITY OF GILROY ("City"), a municipal corporation of the
State of California, and RECOLOGY SOUTH VALLEY ("Contractor"), a California corporation. City
and Contractor are sometimes collectively referred to herein as the "parties".
This Agreement is made with reference to the following facts:
A) City and Contractor are currently parties to an agreement dated September 2, 1997 by
which City granted to Contractor, whose corporate name at the time was South Valley
Disposal & Recycling, Inc., the franchise to collect, transport and dispose of garbage and
refuse produced within the corporate limits of City for the benefit and in the interest of the
health, safety and welfare of its citizens. That agreement was amended by that certain first
amendment dated as of July 6, 1999 (the “First Amendment”), as amended by that certain
second amendment dated June 19, 2000 (the “Second Amendment”), as amended by that
certain third amendment dated July 1, 2014 (the “Third Amendment”), as amended by that
certain fourth amendment dated June 20, 2022 (the “Fourth Amendment”) and, as
amended, is referred to herein as the "Prior Agreement". The franchise granted by the Prior
Agreement will terminate on August 31, 2022.
B) The parties mutually desire to enter into a new interim franchise as negotiations complete
on a more comprehensive franchise agreement. This Agreement includes the initial
expansion and implementation of obligations of Contractor relating to, among other things,
Phase 1 of the Commercial Generator Desktop Compliance Reviews for Senate Bill 1383
(“SB 1383”), Assembly Bill 1826 (“AB 1826”), and Assembly Bill 341 (“AB 341”) (collectively,
“State Legislation”) compliance, as well as outreach and education for the State Legislation,
as more particularly set forth in this Agreement’s Exhibit “C”. The City had previously
implemented a Source Reduction and Recycling Element as part of its general plan which
contains a series of programs designed to achieve the diversion goals of the California
Integrated Waste Management Act of 1989 (Public Resources Code Sections 40000 et seq.),
and it is the intention of Contractor and City, through the continued operation of those
programs established during the Prior Agreement, in addition to those contained in this
Agreement, to continue working together to achieve those goals.
C) Pursuant to powers expressly granted to cities and counties in Article XI, Section 7 of the
California Constitution, and also set forth in California Public Resources Code Section 40059,
Franchisor has the authority within its jurisdiction to regulate the handling of solid waste.
D) City has determined that it is in the best interests of City and its citizens to contract with
Contractor for an integrated waste management program for residential and commercial
premises within the corporate limits of City for the benefit and in the interest of the health,
Attachment A
9.1.b
Packet Pg. 532 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)
safety and welfare of its citizens. City has selected Contractor as its exclusive franchisee to
provide to City the services required for this integrated waste management program subject
to the provisions, terms and conditions set forth in this Agreement, and Contractor desires
to provide to City such services, which it represents to City that it has the necessary
expertise, resources, licenses and permits to provide in accordance with the provisions,
terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the factual premises and the covenants and conditions
set forth in this Agreement, City and Contractor hereby agree as follows:
1) Definitions. For the purposes of this Agreement, certain words and terms shall be construed
as hereinafter set forth, unless it is apparent from the context that a different meaning is
intended.
A) "Affiliate" means all businesses (including corporations, limited and general
partnerships, limited liability companies, and sole proprietorships) which are directly or
indirectly related to Contractor by virtue of direct or indirect ownership interest or
common management. Such businesses shall be deemed to be "Affiliated with"
Contractor and included within the term "Affiliates" as used herein. An Affiliate shall
include a business in which Contractor owns a direct or indirect ownership interest, a
business which has a direct or indirect ownership interest in Contractor and/or a
business which is also owned, controlled or managed by any business or individual
which has a direct or indirect ownership interest in Contractor.
B) "Bulky Goods" means discarded furniture, carpets, mattresses, household appliances
including refrigerators, ranges, washers, dryers, water heaters, dishwashers and other
similar items (sometimes referred to as “White Goods"), and electronic equipment such
as stereos, televisions, computers, VCRs and similar items, and tires (but not other
automotive equipment or parts).
C) "Commercial Customer" means any person or legal entity which conducts a trade or
business in City and receives collection and other services described in this Agreement.
D) "Curbside" means on or near a curb forming the side of a street.
E) "Hazardous Material" means any material or combination of materials which, because
of its quantity, concentration or physical, chemical or infectious characteristics may
either (i) cause or significantly contribute to an increase in mortality or an increase in
serious irreversible, or incapacitating reversible illness, or (ii) pose a substantial present
or potential hazard to human health or environment when improperly treated, stored,
transported or disposed of or otherwise managed. Hazardous Material also includes
hazardous wastes as defined under California or Federal law or regulations promulgated
pursuant to any such law, as such law or regulations may from time to time be
amended. It is agreed and understood that neither Contractor nor City shall be deemed
Attachment A
9.1.b
Packet Pg. 533 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)
to be the generators of such Hazardous Material. Instead, Contractor’s customers shall
be deemed the generators of the Hazardous Material.
F) "Mixed Paper" means newspaper (including inserts) other paper products (including
magazines, catalogs and junk mail), corrugated cardboard, brown Kraft bags, paper
board, paper egg cartons, office ledger paper, envelopes and stationery, computer
paper, phone books, cereal boxes, shoe boxes and other similar paper products, and
such other items as may be agreed upon by the parties from time to time.
G) “Multi-Family Bin Customer” means any person, including owner or occupant, who
resides in City in a multi-family residential complex and receives bin refuse collection
service.
H) "Multi-Family Can Customer" means any person, including owner or occupant, who
resides in City in a multi-family residential complex and receives can refuse collection
service.
I) "Recyclable Materials" means "Mixed Paper" and glass, metal cans (including aluminum
and de-labeled tin), used motor oil (up to a maximum of three (3) gallons per Residential
Customer set out per week), used automobile motor oil filters, PEIB (polyethylene
terephthalate) bottles and containers, HDPE (high density polyethylene) containers, bi-
metal containers, and such other materials as may from time to time be mutually
agreed upon in writing by Contractor and City.
J) "Recycling Containers" means the receptacles provided by Contractor to Residential
Customers and Multi-Family Can Customers for the disposal of Mixed Paper and other
Recyclable Materials in accordance with this Agreement. "Recycling Containers" also
means any other receptacle which is provided by a customer for collection of Recyclable
Materials or Yard Waste and which is approved for such purpose by Contractor and City
and appropriately labeled as a recycling container.
K) "Refuse" shall mean all putrescible and non-putrescible solid, semisolid and/or liquid
wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes,
demolition and construction wastes, discarded home and industrial appliances,
vegetable or animal solid or semisolid wastes, and all wastes capable of being recycled
that are commingled with other waste. Refuse also means any other item defined as
"Refuse" in Section 12.1 of the Code of the City of Gilroy California, as such code is
amended from time to time during the term of this Agreement ("Code"). The term
"Refuse" shall not include Hazardous Materials, source-separated Recyclable Materials,
Yard Waste or stable matter (manure and other waste material normally accumulated in
stables or in livestock or poultry enclosures).
Attachment A
9.1.b
Packet Pg. 534 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)
L) "Refuse Containers" means the 32, 64 or 96-gallon refuse receptacles provided by
Contractor to Residential Customers or Multi-Family Can Customers for the disposal of
Refuse in accordance with this Agreement.
M) "Residential Customer" means any person, including owner or occupant, who resides in
City in a single-family residence.
N) "Yard Waste" means leaves, grass cuttings, weeds, vines, shrubbery, brush and tree
trimmings, but not tree limbs over two (2) inches in diameter. "Yard Waste" does not
include palm leaves, succulents, dirt, concrete or other refuse. Yard Waste also includes
all items defined as "Garden Refuse" in Section 12.24 of the Code. When combined with
food waste, “Yard Waste” is hereafter referred to as “Organic Waste”.
O) "Yard Waste Containers" means the 96-gallon receptacles provided by Contractor to
Residential Customers for the disposal of Yard Waste in accordance with this
Agreement.
2) Conditions to Effectiveness of Agreement. The obligation of City to permit this Agreement
to become effective and to perform its undertakings provided for in this Agreement is
subject to the satisfaction of each and all of the conditions set out below, each of which
may be waived in whole or in part by City:
A) Accuracy of Representations. Representations and warranties, made by Contractor
throughout this Agreement are accurate, true and correct on and as of the effective
date of this Agreement.
B) Furnishing of Insurance and Bonds. Contractor has furnished the insurance and bonds
required by this Agreement.
C) Effectiveness of City Council Action. City's action approving this Agreement shall have
become effective pursuant to California law.
3) Contractor Status and Authorization. Contractor is duly organized, validly existing and in
good standing under the laws of the State of California. It is qualified to transact business in
the State of California and has the power to own its properties and to carry on its business
as now owned and operated and as required by this Agreement. Contractor has the
authority to enter into and perform its obligations under this Agreement. The Board of
Directors or partners of Contractor (or the shareholders, if necessary) have taken all actions
required by law, its articles of incorporation, its bylaws or otherwise to authorize the
execution of this Agreement. The Persons signing this Agreement on behalf of Contractor
have authority to do so.
4) Scope of Contractor's Services.
A) In General.
Attachment A
9.1.b
Packet Pg. 535 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)
i) During the term of this Agreement, Contractor shall have the sole and exclusive
authority and obligation to collect, remove and dispose of all Refuse from
Residential Customers, Multi-Family Bin Customers, Multi-Family Can Customers and
Commercial Customers in accordance with the terms and conditions of this
Agreement. In order to ensure that Contractor is able to provide service to all
residents of the City, City shall notify Contractor in writing within ten (10) days of
every new customer who subscribes for water utility service from the City.
ii) In addition, during the term of this Agreement, Contractor shall have the sole and
exclusive authority and obligation to collect, remove and recycle all Recyclable
Materials and Yard Waste from (1) all Residential Customers, (2) all Multi-Family Can
Customers and (3) Commercial Customers and Multi-Family Bin Customers who have
subscribed for recycling services described in this Agreement in accordance with the
terms and conditions of this Agreement. Notwithstanding the authority granted to
Contractor herein, any Commercial Customer and Multi-Family Bin Customer or
Multi-Family Bin Customer may contract with an independent third party for
recycling services, provided that the independent third party receives no
compensation of any kind in connection with the provision of such services.
iii) Contractor's services will not include the collection or handling of Hazardous
Material, but if Contractor picks up identifiable Hazardous Material, Contractor shall
dispose of it properly and in accordance with all applicable laws and regulations.
iv) Contractor shall, at its sole cost and expense, except as otherwise provided herein,
furnish all labor, equipment and facilities required to perform all services required
by this Agreement.
v) Contractor shall maintain appropriate equipment and weigh all Refuse and
Recyclable Materials collection vehicles at the transfer station and at the landfill
disposal site. Information regarding load weights shall be included in the monthly
reports described in Section 9(a) of this Agreement.
B) Collection Schedule. Unless otherwise authorized by City in writing, Contractor shall
collect Refuse, Mixed Paper, Recyclable Materials and Yard Waste in accordance with
the applicable collection schedules and rules set forth in Exhibit "A" attached hereto and
incorporated herein by this reference. Contractor's schedules and routes shall be made
in consultation with the City.
C) Containers. Contractor shall purchase, provide and deliver to customers all Refuse
Containers, Recycling Containers, Yard Waste Containers and other approved
receptacles for the integrated waste management program services described in this
Agreement. The types, sizes and colors of the containers, and the printed labels placed
on the containers, shall be subject to the approval of City. The types, sizes, colors, labels
Attachment A
9.1.b
Packet Pg. 536 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)
and additional rules regarding such containers are described in Exhibit "B" attached
hereto and incorporated herein by this reference.
D) Service To Elderly and Disabled Residents. Residents who, by reason of age or disability,
are unable regularly to place their containers at the curb shall have the option of placing
their containers near their dwelling, visible from curbside, and Contractor will pick up
solid waste at this location and return the container to same location. Authorization for
residents to participate in this optional program shall come from the Contractor upon
request. Contractor will notify all residents of this option annually, beginning within
thirty (30) days of effectiveness of this Agreement. New customers shall be notified of
this option upon requesting service.
E) Disposal and Recycling Services.
i) City shall have the right to direct Contractor to deliver Refuse to a landfill or other
waste management facility designated by the City provided that the landfill or other
waste management facility has agreed to accept waste from the City. If the City does
not choose to exercise this right, Contractor shall select and use landfill sites for the
transportation, sorting and disposal of Refuse, which sites must be reasonably
acceptable to the City.
ii) Contractor shall collect, transport, sort, process, store, dispose of and recycle or sell
Mixed Paper, Recyclable Materials and Yard Waste collected from customers in
compliance with applicable federal, state and local laws and regulations governing
the collection, storage, processing, re-transport and recycling or disposal of such
items. Upon request from the City, Contractor shall identify the entity to which it
transfers Recyclable Materials and Yard Waste for processing. Recyclable Materials
and Yard Waste that has been segregated and collected as such shall not be
disposed of at landfill sites without the approval of the City, which approval shall not
be unreasonably withheld. The parties agree that, without limitation, it would be
unreasonable to withhold agreement if no person or entity is reasonably available
which will provide the service of recycling the materials.
iii) The City approvals regarding the manner and means of disposal and recycling that
are required by this Section shall be obtained prior to the commencement of
Contractor's services under this Agreement and prior to any change in the previously
approved manner or means of disposal or recycling.
F) Other Special Services.
i) Contractor shall provide the additional services described in Exhibit "C" attached
hereto and incorporated herein by this reference. Such services shall be provided at
no extra charge to the customers, except as otherwise provided in Exhibit "C" or in
any other Section of this Agreement.
Attachment A
9.1.b
Packet Pg. 537 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)
ii) Contractor shall provide, at no charge to City, collection, disposal and recycling
services to: (a) facilities owned, leased or operated by City, including the City Hall
complex, police and fire stations, Community Center, Corporation Yard, parks and
recreational facilities, including the golf course, Senior Center, Youth Center and
other similar or related facilities; (b) civic refuse programs conducted by City,
including City sponsored clean-up events and similar programs, to a maximum of six
(6) events with the provision of two (2) 20-yard bins per event; and (c) construction
and demolition projects on City property and involving City facilities. The free
recycling, civic programs and City projects services shall be on an "as needed" basis
and shall be completed at times and in a manner agreed to by City and Contractor.
Contractor shall also provide free dumping privileges by City for Refuse and debris
from City facilities, programs and projects at the designated landfill.
G) Disaster Assistance. In the event of wartime or natural, physical or other disasters
resulting in the declaration of a state of emergency by duly authorized authorities which
affect the areas in which Contractor's services are to be performed, Contractor shall
make available to City, at no cost to City, Contractor's equipment and personnel for
emergency operations to be conducted or directed by City's emergency organization.
City shall have the right to possess such equipment and temporarily borrow Contractor's
personnel as reasonably required for City to conduct required operations under the
direction and control of City's chief of disaster operations. Contractor shall also provide
to City such additional equipment and personnel as may be reasonably available to
Contractor to accomplish effective Refuse and debris removal during any declared state
of emergency.
H) Promotion of Recycling Program and Services.
i) Contractor shall use reasonable efforts to support and promote the City’s Recycling
Programs, and shall develop and implement promotional and enforcement
programs to educate, encourage and attain compliance from the public in the use of
recycling and organic waste services, as described in Exhibit "C" hereto. Contractor
shall contact customers during the term of this Agreement as needed to promote
and solicit compliance with recent State Legislation. Contractor shall furnish to City
at the end of the calendar year during the term of this Agreement a report
identifying the compliance level of customers with State Legislation. City will
cooperate with Contractor by allowing Contractor's use of the City newsletter and
public access cable television channel for Contractor's promotional program. City
shall have the right to review and consult with respect to all written materials
prepared by Contractor for publication or distribution by Contractor in connection
with Contractor's recycling program and other special services.
ii) Contractor will use its best efforts to render regular recycling and organic waste
services in accordance with this Agreement to all required Customers.
Attachment A
9.1.b
Packet Pg. 538 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)
I) Contractor Representative. Contractor shall designate a responsible employee with
qualifications reasonably acceptable to City to be the responsible contractor
representative with City in connection with this Agreement. Contractor's representative
shall be available for communications with City regarding this Agreement during regular
business hours. Unless otherwise stated herein, communications required or permitted
to be given or addressed to City shall be given or addressed to the City Administrator or
to other City officials who may be designated from time to time or for certain purposes
hereunder by the City Administrator.
J) Customer Service Standards. During the term of this Agreement, Contractor shall
maintain the Customer Service Standards which are described in Exhibit "D" attached
hereto and incorporated herein by this reference.
K) Non-Discrimination. Contractor shall not discriminate against any person on the basis of
any characteristic identified in Civil Code Section 51, as the same may be renumbered or
amended from time to time, or on any other basis prohibited by state or federal law or
City ordinance.
L) Service Goals.
i) Contractor shall cooperate with City in the establishment, at least annually, or more
frequently if requested by City, of service goals for (1) recycling and special services
which will enable Contractor to increase public support and use of these services
and to meet or exceed Contractor's warranty regarding commercial recycling set
forth in Section 4(h)(ii), (2) quality of customer service which will enhance customer
satisfaction and reduce or limit liquidated damages that may be assessed in
accordance with Section 12(b), and (3) disposal reduction and diversion which will
enable City to achieve and exceed the State mandated levels.
ii) If established service goals are not met, at City's request, Contractor shall prepare
and submit to City for its review and approval a plan of action to meet such goals. If
established service goals are not met, Contractor shall use due diligence and best
efforts to increase the amount and enhance the effectiveness of the services
required under this Agreement. If the parties agree that new and additional kinds of
services are required, Contractor and City shall negotiate the terms and conditions
for providing such new services, including an adjustment to the permitted rates and
charges under this Agreement. If quality of customer service goals established
pursuant to subsection (L)(i)(2) of this Section are not met, City may increase
corresponding liquidated damages up to one hundred percent (100%) for a period of
up to one (1) year.
5) Contractor's Equipment and Personnel.
A) Collection Equipment.
Attachment A
9.1.b
Packet Pg. 539 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)
i) All items collected under this Agreement shall be conveyed in well-maintained
modern equipment, so constructed and so loaded that there will not be any leakage
or loss of such items from the equipment. All tools, vehicles and receptacles utilized
by Contractor in performing the services under this Agreement shall be of a type
capable of handling such Refuse, Recyclable Materials and Yard Waste for which
they are used and shall be kept clean and in a good state of repair.
ii) Contractor's collection vehicles shall be identified, painted and subject to inspection
and other rules as set forth in Exhibit "E" attached hereto and incorporated herein
by this reference.
B) Ownership of Equipment. All equipment and personal property used by Contractor in
the performance of this Agreement shall be owned by Contractor; however, Contractor
may lease vehicles if the leases are for not more than five (5) years and there are no
residual costs, but the specific leasing arrangements shall provide that in the event of
default, City, at its option, shall have the right to take possession of and operate said
equipment and property in the event Contractor shall fail, refuse or neglect for any
reason to collect and properly process and dispose of Refuse, Recyclable Materials and
Yard Waste, as required by this Agreement. Contractor's equipment and personal
property shall not be encumbered in a manner that would interfere with the City's rights
under this Section. Any lease entered into by Contractor pursuant to this Section with an
affiliate shall not contain terms and conditions more favorable to the affiliate than the
terms and conditions of leases generally available from unrelated third parties.
C) Contractor's Failure to Perform. In the event that Contractor shall fail, refuse or neglect
for any reason to collect and properly process and dispose of or recycle items as
required by this Agreement for a period in excess of seventy-two (72) consecutive
hours, City may collect and process the same, or cause the same to be collected,
processed and disposed of or recycled, and Contractor shall be liable for the expense
incurred by City. This right of City shall be cumulative and in addition to any and all
other remedies it may have in the event of any such failure, refusal or neglect of
Contractor. City may, during any such period of failure, refusal or neglect by Contractor,
take possession of Contractor's equipment and personal property used for the
collection, processing and disposal or recycling of the Refuse, Recyclable Materials and
Yard Waste and employ such forces as it may deem advisable to continue the required
collection, processing, disposal and recycling services. The cost of all labor, materials
and equipment necessary for City to perform such required services, under those
conditions, shall be paid by Contractor and may be deducted and retained by City from
any monies then due or to become due to Contractor under or by virtue of this
Agreement. City's performance of any such services under those circumstances shall not
be deemed an election of remedies and shall not preclude City from seeking any other
available remedies.
Attachment A
9.1.b
Packet Pg. 540 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)
D) Labor Disputes. Contractor shall promptly report to City any knowledge of Contractor
that an actual or potential labor dispute is delaying or threatening to delay the
performance of Contractor under this Agreement, and Contractor shall disclose all
relevant information with respect thereto.
6) Rights and Obligations Affecting Customers.
A) Container Requirements. City shall use best efforts to require, by ordinance or
otherwise, that all customers receiving refuse or recycling services from Contractor use
the receptacles provided by Contractor for the purposes intended.
B) Storage and Collection Requirements. City shall use best efforts to require, by ordinance
or otherwise, that all customers receiving services pursuant to this Agreement store and
set out Refuse Containers, Recycling Containers and Yard Waste Containers and other
approved receptacles at the times and in the manner required as part of the collection
program operated by Contractor and approved by City.
C) Ownership of Recyclable Materials. From the time of placement of Recyclable Materials
at Curbside, or other approved collection locations, Recyclable Materials shall become
the property of Contractor; provided, however, that the customer who placed those
items for collection may retrieve such items as desired prior to collection.
7) City's Responsibilities.
A) Public Awareness Program. City agrees to conduct and participate in public education
programs to encourage recycling, including organic waste recycling programs.
B) Protection of Contractor's Rights in Recyclable Materials. City agrees reasonably to assist
Contractor in protecting Contractor's ownership of the Recyclable Materials placed at
Curbside or other approved collection locations.
C) Assistance with Permits. City agrees to assist Contractor, to the extent reasonably
possible, in Contractor's obtaining such permits and licenses as may be required for
Contractor's performance of its services under this Agreement.
8) Exclusivity.
A) City agrees that Contractor shall have the exclusive right, authority and franchise to
provide the services described in this Agreement, subject to certain exceptions set forth
below. Subject to those exceptions, City shall not award any contract to, or enter into
any contract with, any other person or organization for the performance of services
required to be performed by Contractor.
B) The right and authority of Contractor hereunder shall be exclusive, except with respect
to the following:
Attachment A
9.1.b
Packet Pg. 541 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)
i) Hauling of Refuse or Yard Waste that is provided incidental to the provision of other
goods or services and without the use of a Refuse Container, bin or debris box, such
as the hauling of Yard Waste by a landscaper, the hauling of tree trimmings by a tree
service, the hauling of construction debris by a construction contractor and the
hauling of used Bulky Goods by the seller of such goods;
ii) Collection and disposal of Recyclable Materials from Commercial Customers if the
transaction does not result in a payment or other consideration to the hauler of such
materials by the Commercial Customer who generated the Recyclable Materials; and
iii) Collection and disposal of tallow, restaurant grease and such other commercial bi-
products and other non-salable material from commercial premises upon which the
parties may from time to time agree.
9) Recordkeeping and Reports.
A) Monthly Reports. During the term of this Agreement, Contractor shall furnish to City
monthly reports, due within fifteen (15) days after the end of each month, providing the
information that is described in Exhibit "F" attached hereto and incorporated herein by
this reference and such other information that is required by City and the terms of this
Agreement to be included in the monthly reports.
B) Annual Financial Reports. Contractor shall provide to the City annually, within one
hundred and eighty (180) days after the end of each of Contractor's fiscal years ending
during the term of this Agreement, Contractor's audited financial statements, including
footnotes and accountant's letter. Unaudited financial statements shall be provided
within sixty (60) days after the end of each of such fiscal years. In connection with any
such review by City, Contractor shall respond to any questions of City concerning
Contractor's financial ability to perform its obligations under this Agreement. Upon
request, Contractor will provide all information reasonably requested with respect to
any transactions between the Contractor and any Affiliate.
C) Financial Records. Contractor shall maintain financial books and records, according to
generally accepted accounting principles, for each year, and for each of the preceding
five (5) years, during the term of this Agreement. These books and records shall reflect
all business operations of Contractor under this Agreement and shall be available to City
for review at all reasonable times during regular business hours. The books and records
shall include accurate data regarding Contractor's revenues from and costs to perform
all of its services under this Agreement and shall reflect accounting for costs attributable
to the provision of services under this Agreement separate from accounting for costs
attributable to the provision of services in any other jurisdiction. Without limiting any of
the City’s rights and remedies under this Agreement, it is agreed and understood that
Contractor's failure to maintain and make available for City's review the required books
and records may be cause for termination of this Agreement by City.
Attachment A
9.1.b
Packet Pg. 542 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)
10) Rates and Charges.
A) In General.
i) The allowable compensation for Contractor's services relating to the performance of
its obligations under this Agreement is subject to determination by City pursuant to
the Code and the procedures set forth herein. Contractor understands that the rates
described in this Agreement constitute the full and sole compensation for the
services of Contractor under this Agreement. No other or additional charges shall be
made or payments shall be sought and/or accepted by Contractor either from City or
from any other person for any of Contractor's services in performing its obligations
under this Agreement, except for revenues which Contractor receives from the sale
of Recyclable Materials.
ii) The rates identified in Exhibit G of this Agreement will remain in place through the
term of this Agreement, until a new franchise agreement is adopted and made
effective.
B) Collection Rates. The maximum permitted rates which may be charged for Contractor's
collection, disposal and related services hereunder during the Agreement are set forth
in Exhibit "G" attached hereto and incorporated herein by this reference.
C) Special Service Rates. Special rates which may be charged for Contractor's extra pickup
and other special services are set forth in Exhibits "C" and "G" attached hereto. Unless
charges are specifically authorized herein, Contractor's pickup and other special services
will be without charge to customers or City.
D) Special Requests for Extraordinary Rate Adjustments.
i) Contractor shall have the option of filing a special request, with supporting
documentation, for an adjustment to the rates to recover any significantly increased
costs that Contractor can demonstrate have resulted from extraordinary and
unanticipated changes in circumstances occurring during the term of this
Agreement, such as the unavailability of or changes in landfill disposal sites that
have been approved by City, changes in laws or regulations, new or increased taxes
or fees imposed by a governmental agency, or other extraordinary events or
circumstances beyond the reasonable control and anticipation of Contractor.
However, the fact that economic conditions or operating assumptions made by
Contractor when entering into this Agreement do not turn out as anticipated by
Contractor is not alone a valid basis for a request for adjustment by Contractor
under this section. Any such adjustment in the rates shall be subject to the
discretion of the City Council of City and shall be based upon evidence of the
increased costs to Contractor of performing its required services under this
Agreement (and shall take into consideration Contractor's revenues).
Attachment A
9.1.b
Packet Pg. 543 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)
ii) City shall not be responsible for any damages to Contractor as a result of City's
failure to approve a rate increase to which Contractor is otherwise entitled pursuant
to this Agreement; provided, that any rate increase that is enacted after the date on
which enactment is otherwise required under this Agreement shall be calculated to
permit Contractor to recover the full amount of revenue that Contractor would have
received had the rate increase been enacted in a timely manner.
iii) If Contractor requests a rate adjustment due to changes in circumstances relating to
landfill disposal sites, City shall have the option of providing a substitute landfill
disposal site, at City's expense, and adjusting Contractor's approved rates by an
amount fairly equivalent to Contractor's changed costs, if any, as a result of the use
of the substitute landfill disposal site provided by City. Upon City's request,
Contractor shall submit to City evidence satisfactory to the City in the City’s
reasonable discretion of Contractor’s costs attributable to the use of the landfill
disposal sites for which City may provide a substitute.
E) Rate Adjustments Relating to Landfill Direction. If City has directed Contractor to deliver
Refuse to a landfill or other waste management facility, Contractor and City shall
negotiate a fair and reasonable adjustment to service rates and charges that reflect all
of the cost increases or decreases resulting from the City' s direction of the waste. Costs
to be included in the negotiation include, but are not limited to, tipping fees, labor, fuel,
and equipment.
11) Payments.
A) Customer Billings and Collections. Contractor, at its own expense, shall perform all
customer billing services, which shall be on a quarterly cycle, and all collection of
charges billed in connection with Contractor’s services to customers described in this
Agreement prior to the customer billings being assigned to City as provided for by
subsection (B) below. A summary of all billings to customers and collections of charges
during each month shall be furnished to City at least monthly, not later than the
fifteenth (15th) day of the following month, during the term of this Interim Agreement.
The billing summary shall include all of the information set forth in Exhibit "H".
B) Nonpayment By Customers. Contractor may assign its customer billings to City as
provided for by Government Code sections 25831 and 38790.1 and the Gilroy City Code,
Chapter 12.
C) Disputes. All disputes regarding rates, charges and adjustments shall be resolved in
accordance with the procedures set forth in Section 17 of this Agreement.
D) Franchise and Administrative Fee. In consideration for the franchise granted under this
Agreement, Contractor shall to submit to City, on the tenth (10th) day following the last
day of each month during the term of this Agreement, an administrative fee equal to
Attachment A
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Packet Pg. 544 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)
four percent (4%), and a franchise fee equal to five percent (5%), of the total gross
receipts actually collected or received by or on behalf of Contractor from all customers
in connection with the services performed hereunder, except for those revenues
received by Contractor in connection with the sale of Recyclable Materials (collectively,
the "City Fee"). The City Fee shall be considered due on the last day of each month and
payable on the tenth (10th) day thereafter. For example, if September bills are mailed
on October 1, the City shall be paid on or before November 10 the appropriate
percentage of all amounts collected during the month of October. Contractor shall send
the last page of the monthly cash receipts journal, the billing register and the accounts
receivable aging report to the City each month to verify collections for each month.
Upon reasonable notice, City shall be given access to Contractor's billing and collection
records. The City may increase the franchise fee to a maximum of seven percent (7%)
upon ninety (90) days' written notice to Contractor; provided, that in the event the City
increases the City Fee it shall, prior to the effective date of the increase, enact an
increase in collection rates that shall permit Contractor to recover the full amount of the
increase, including an allowance for the operating ratio.
E) Late Payment Charge. Contractor agrees to pay a late payment service charge of five
percent (5%) of the unpaid amount of any City Fees that become due hereunder and
remain unpaid for more than ten (10) days. Such amount of unpaid City Fees, if left
unpaid, shall accrue interest at a rate of 10% simple interest per annum until paid,
calculated based on a 365 day year.
12) Performance Audits and Liquidated Damages.
A) Performance Audit. City may conduct performance audits of Contractor's operations
and services under this Agreement in its discretion. The audit will be conducted by a
qualified firm selected by City, and Contractor shall reimburse City for its costs of this
audit in an amount not to exceed $25,000 for the first performance review, increased by
$5,000 per review for each subsequent review. The audit will address and review
appropriate areas of performance including, but not limited to (1) organizational
structure and management systems and procedures, (2) efficiency of collection and
disposal operations, (3) staffing practices, including the deployment of management and
supervisory personnel, (4) financial management practices, including billing and
collection systems, (5) personnel practices and the resolution of employee grievances,
(6) the handling of customer complaints, requests and inquiries, (7) the acquisition,
maintenance and replacement of equipment, (8) the utilization and management of
facilities, and (9) achievement of established service goals, as described in Section 4(L)
of this Agreement. In the event that this audit reveals areas of performance which the
City believes should be changed or improved, the City may request, and Contractor shall
attend, a meeting at which the parties shall confer with respect to these matters.
Contractor shall be required to adopt any changes requested by the City to rectify a
Attachment A
9.1.b
Packet Pg. 545 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)
failure to perform according to the terms of this Agreement or a hazard to public health
or safety. Contractor shall be required to consider in good faith adoption of any
changes that will not materially increase Contractor's costs of performance under this
Agreement.
B) Liquidated Damages. In addition to any other rights or remedies of City afforded by any
provision of this Agreement or by law, City shall have the following rights with respect to
Contractor's failure to perform Contractor's required services under this Agreement.
City shall give written notice to Contractor of any such failure to perform required
services, and in such notice, City shall provide to Contractor a fixed period of time of not
less than thirty (30) days to comply with its required services under this Agreement or to
correct any failure to perform such services. If Contractor fails to perform such required
services or correct any such failure, City shall, in addition to any other remedies
available to it, have the right to assess and collect from Contractor the liquidated
damages applicable to the type of service or failure, as set forth in Exhibit "I" attached
hereto and incorporated herein by this reference. City's rights to assess liquidated
damages pursuant to this section of the Agreement shall be in addition to any other
rights or remedies of City, including the rights of City provided in Section 12.14 of the
Code. The parties agree that the liquidated damages are a reasonable estimate of
unmeasurable damages that would result from Contractor's failure to perform certain
required services described in Exhibit "I".
13) Relationship of Parties.
A) Independent Contractor. It is expressly understood and agreed by the parties that at all
times in connection with this Agreement Contractor shall be an independent contractor.
All persons employed by Contractor in connection with this Agreement shall be
employees of Contractor and not employees of City in any respect. Subject to the
requirements set forth herein, the means whereby Contractor's obligations under this
Agreement are performed by Contractor shall at all times be under the control and
supervision of Contractor. Neither Contractor nor its employees or agents shall at any
time represent themselves to be employees or agents of City in any manner or for any
purpose.
B) Indemnification.
i) To the maximum extent permitted by law, Contractor hereby agrees to defend and
indemnify City, its City Council, commissions, officers, agents, volunteers and
employees against any claim, injury, liability, loss, costs, fines, penalties and/or
expense or damage, however same may be caused, including all costs and
reasonable attorneys' fees in providing a defense to any claim or legal action, arising
directly or indirectly from any of Contractor's acts, errors or omissions with respect
to or in any way connected with Contractor's operations, services, fees or charges
Attachment A
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Packet Pg. 546 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)
relating to this Agreement, including without limitation, any failure of Contractor to
comply in all respects with the provisions of this Agreement and all federal, state
and local laws and regulations applicable to Contractor's performance hereunder
and any claim that City's award of an exclusive franchise herein is illegal. The
acceptance by City of any work or services performed by Contractor under this
Agreement shall not operate as a waiver of any such right to indemnification.
ii) Upon the demand of City, Contractor shall provide a defense to City and its
representatives who are named as defendants in any legal action or proceeding for
which indemnification is required. City shall have the right to approve counsel
selected by Contractor for the defense of any such matter. Contractor shall not
settle any claim or lawsuit without the prior approval of City, which approval shall
not be unreasonably withheld.
iii) Contractor's obligations under this subsection to indemnify City shall not extend to
any claim, injury, liability, loss, costs, fines, penalties and/or expense or damage
arising solely from the negligence or willful misconduct of City or its officers, agents,
volunteers or employees.
C) Hazardous Substances Indemnification. Contractor shall indemnify, defend with counsel
reasonably acceptable to City, protect and hold harmless City, its elected and appointed
boards, commissions, officers, employees, and agents (collectively, "Indemnitees") from
and against all claims, damages (including, but not limited to, special, consequential,
natural resources and punitive damages), injuries, costs (including without limit any and
all response, remediation and removal costs), losses, demands, debts, liens, liabilities,
causes of action, suits, legal or administrative proceedings, interest, fines, charges,
penalties, attorneys' fees for the adverse party, and expenses (including without limit
attorney's and expert witness fees and costs incurred in connection with defending
against any of the foregoing or in enforcing this Indemnity), of any kind whatsoever
paid, incurred or suffered by, or asserted against, Indemnitees arising from or
attributable to the acts or omissions of Contractor, its officers' directors, employees,
companies or agents, whether or not negligent or otherwise culpable, in connection
with or related to the disposal of Hazardous Materials collected in the City by Contractor
after the effective date of this Agreement.
D) Provisions of this Agreement and of the Prior Agreement for indemnification and
defense shall survive the termination of the same.
14) Guaranty.
Contractor shall provide the written guaranty of Contractor's performance of all of its
obligations under this Agreement by its affiliate, Recology Inc., a California corporation.
Said guaranty shall be in the form of Exhibit "NJ" attached hereto and incorporated herein
by this reference.
Attachment A
9.1.b
Packet Pg. 547 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)
15) Insurance.
A) Insurance Coverages and Amounts. Contractor agrees to maintain in full force and
effect, at Contractor's own cost and expense, at all times during the term of this
Agreement, insurance coverages of the types and in the amounts set forth in Exhibit "K"
attached hereto and incorporated herein by this reference.
B) Certificates of Insurance. Contractor shall provide to City certificates of insurance
evidencing the insurance required to be maintained by Contractor in accordance with
this section. Such certificates shall comply with all requirements therefore set forth in
Exhibit "K".
16) Assignment. Contractor shall not in any manner assign its rights or delegate its duties or
obligations under this Agreement, either fully or in part, by operation of law or otherwise,
without the prior written consent of City, which consent shall not be unreasonably
withheld. Any sale of assets or securities, or any merger or reorganization of Contractor as a
result of which there is a change in the majority ownership of or the right to control
Contractor shall be deemed an assignment by Contractor requiring the prior written
consent of City.
17) Dispute Resolution.
A) Call for Mediation. If the parties are unable to resolve a dispute arising under this
Agreement in a cooperative manner, either party may call for mediation, as hereafter
described. The party calling for mediation shall serve notice in writing upon the other
party setting forth the question or questions to be mediated. The costs of the mediation
shall be borne equally by the parties.
B) Mediation. Within ten (10) days after delivery of the notice called for under subsection
(a), the parties shall select a mutually acceptable mediator from the Judicial Arbitration
and Mediation Service ("JAMS") or other mutually agreeable organization. In the event
the parties are unable to agree on a mediator, a mediator shall be selected for them at
random by the San Francisco office of JAMS or other mutually agreeable organization.
Within ten (10) days thereafter, the parties shall meet with the mediator in a good faith
attempt to resolve their dispute. The parties shall continue to meet with the mediator
until their dispute is resolved or the mediator indicates that he or she does not believe
that further efforts are likely to result in a successful resolution.
18) Term and Termination of Agreement.
A) Commencement and Term. This Agreement shall commence on the Effective Date. The
term of this Agreement shall be from the Effective Date through December 31, 2022, or
until replaced with a new franchise agreement, whichever occurs soonest.
Attachment A
9.1.b
Packet Pg. 548 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)
B) Termination Upon Default. In addition to any other rights of City to terminate this
Agreement, including such rights set forth in other provisions of this Agreement, City
shall have the right set forth in this subsection to terminate this Agreement upon the
occurrence of certain events herein described. Upon any material default of Contractor
in the performance of its obligations under this Agreement, City may give to Contractor
a written notice setting forth the nature of the default and demand that said default be
cured within a reasonable time, which as used herein shall mean such period of time as
will be reasonably required under all facts and circumstances of the particular matter to
cure said default; however, in no event shall such time exceed a period of sixty (60)
days, or be less than a period of thirty (30) days, after the giving of such notice. If
Contractor fails, neglects or refuses within the time stated to cure said default or to
comply with the relevant terms of this Agreement, then City, without further notice or
other proceedings, shall have the right to terminate this Agreement and all of
Contractor's rights hereunder.
C) Strike or Labor Dispute. The parties hereby agree that if Contractor's failure to perform
hereunder is due to a strike or labor dispute, this Agreement shall not terminate and
shall continue to be effective for the duration of such strike or labor dispute. Such
failure to perform shall not be considered a material default for purposes of subsection
(B), but it may qualify as a failure to perform pursuant to Section 5(C). In the event of
such a strike or labor dispute, Contractor shall maintain an unobstructed entrance at its
place of business which is not regularly used but which will be primarily reserved for use
by City access while City or its designated representative is collecting Refuse. If the labor
dispute or picketing blocks access to Contractor's place of business, Contractor shall
receive no compensation for any time period in which it failed to collect and remove
Refuse in accordance with the provisions of this Agreement.
D) Termination Upon Insolvency Events. If Contractor shall at any time during the term of
this Agreement become insolvent, or if bankruptcy proceedings shall be instituted by or
against Contractor, or if Contractor shall be adjudged bankrupt or insolvent by any
court, or if a receiver shall be appointed for any substantial part of Contractor's assets,
or if Contractor shall make an assignment of any substantial portion of its assets for the
benefit of its creditors, then in any such event, at the option of City, this Agreement
shall immediately terminate upon notice by City to Contractor. Under no circumstances
shall this Agreement or franchise hereunder become a part of the assets of the estate of
Contractor as a bankrupt, insolvent or assigning entity, as set forth in this section.
E) Effect of Termination. In the event of the termination of this Agreement on account of
Contractor's default, failure to perform its obligations hereunder or insolvency, City shall
have the right to take possession of Contractor's equipment, vehicles, tools, computers,
software, business records, including billing and collection records, and other personal
property reasonably necessary to continue the services performed by Contractor under
Attachment A
9.1.b
Packet Pg. 549 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)
this Agreement; provided, however, that City shall not be entitled to possession of
proprietary information such as route maps, nor shall Contractor be required to provide
customer lists unless and until City has entered into a refuse collection agreement with
another collector. City shall have the right to retain possession of said equipment until
other suitable replacements can be purchased or otherwise acquired by City for said
purpose, and City shall pay Contractor the reasonable rental value of such equipment
and personal property during the time it is used by City for said purpose. During such
time, City shall retain all fees, charges and revenues applicable to the collection,
disposal and recycling services performed by City.
19) Notices. Any notice required or permitted to be given to a party pursuant to the provisions
of this Agreement shall be in writing and shall be effective upon personal delivery, to
Contractor's designated representative or to the City Administrator, or three (3) days after
deposit in the U.S. Mail, first class, postage prepaid and properly addressed to the party to
be notified at the address set forth at the end of this Agreement or at such address as such
party may designate by advance written notice to the other party in accordance with this
section.
20) Miscellaneous Provisions.
A) Entire Agreement. This Agreement constitutes the entire Agreement between the
parties pertaining to its subject matter and supersedes all prior or contemporaneous
written or oral agreements and understandings of the parties, either express or implied,
including, without limitation, the Prior Agreement.
B) Modifications and Waivers. Any modification or amendment of this Agreement shall be
effective only if evidenced by a written instrument executed by duly authorized
representatives of the parties hereto. Any party may waive specific rights hereunder,
which shall be effective only if evidenced by a written instrument executed by a duly
authorized representative of such party. In no event shall such waiver of any rights
hereunder constitute the waiver of such rights in any future or other instance unless the
waiver so specifies in writing.
C) Severability. In the event any provisions of this Agreement should, for any reason, be
held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provisions of this Agreement, which shall
remain valid and enforceable to effectuate the original intent of the parties to the fullest
extent practicable.
D) Interpretation. The captions in this Agreement are for convenience and reference only,
and the words contained therein shall in no way be held to explain, modify, amplify or
aid in the interpretation, construction or meaning of this Agreement. Any pronouns or
references used herein shall be deemed to include the masculine, feminine or neuter
genders, as appropriate. Any expression in the singular or the plural shall, if appropriate
Attachment A
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Packet Pg. 550 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)
in the context, include both the singular and the plural. The parties agree that this
Agreement shall be fairly interpreted in accordance with its terms without any strict
construction in favor of or against either party, and that ambiguity shall not be
interpreted against the drafting party.
E) Further Documents. Each party agrees to execute and deliver any and all documents
which may be required or expedient to carry out the provisions and intent of this
Agreement.
F) Authority. Each person executing this Agreement on behalf of a party hereto represents
and warrants that he or she has been duly authorized to execute and deliver this
Agreement on behalf of the party and that this Agreement is binding upon the party in
accordance with its terms.
G) Multiple Originals and Counterparts. Each executed copy of this Agreement, if more
than one, shall be deemed an original for all purposes, and this Agreement may be
executed in counterparts or by annexing signature pages hereto showing assent to the
terms of this Agreement.
H) Validity. In any action or proceeding between the parties arising from or relating to this
Agreement, neither party shall challenge the validity of this Agreement or the manner of
its adoption.
I) Exhibits. The following exhibits are attached to this Agreement, each of which is
incorporated herein by reference.
Exhibit A: Collection Schedules and Rules
Exhibit B: Container Specifications and Rules
Exhibit C: Extra Pickup and Other Special Services
Exhibit D: Customer Service Standards
Exhibit E: Collection Vehicle Specifications
Exhibit F: Monthly Reports
Exhibit G: Approved Collection and Special Services Rates
Exhibit H: Form of Monthly Billing and Collection Report
Exhibit I: Liquidated Damages for Failure to Perform
Exhibit J: Guaranty of Performance
Exhibit K: Required Insurance Coverages
Attachment A
9.1.b
Packet Pg. 551 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)
IN WITINESS WHEREOF, the parties hereto sign this Agreement as of the Effective Date set forth
at the beginning hereof.
CITY: CONTRACTOR:
CITY OF GILROY RECOLOGY SOUTH VALLEY
_____________________________________
____________________________________
Marie Blankley, Mayor Salvatore M. Coniglio, Chief Executive Officer
APPROVED AS TO FORM:
ATTEST:
_____________________________________
_____________________________________
Andrew Faber Esq., City Attorney Thai Nam Pham, City Clerk
Attachment A
9.1.b
Packet Pg. 552 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)
EXHIBIT "A"
COLLECTION SCHEDULES AND RULES
1) Service Area & Collection Routes and Schedules. Contractor shall perform the required
collection services in the areas and along the routes mutually agreed upon by the parties.
Contractor shall collect all materials in accordance with schedules agreed upon and changed
from time to time with the approval of City. When the regular collection day falls on a
holiday, collection shall be made on the next collection day. Alleyway collection service shall
continue to be available during the term of this Agreement to all residences for which such
service was available on the effective date of this Agreement at no extra charge.
2) Collectable Material. Contractor shall have the sole and exclusive authority and obligation
to collect and remove those of the following materials which are segregated and placed in
(or next to, if authorized) appropriate containers at Curbside on public streets (or other
approved location) for collection from customers as specified by the corresponding
schedules, and regardless of weather conditions.
A) Refuse shall be collected from all customers on a weekly basis.
B) Organic Waste shall be collected from all customers on a weekly basis.
C) Recyclable Materials shall be collected from all Residential Customers and all Multi-
Family Can Customers on a weekly basis. Contractor shall provide commercial recycling
to all voluntarily subscribing Commercial Customers, for whom collection of Recyclable
Materials shall be provided on a weekly or as-needed basis. Recyclable Materials shall
be collected from voluntarily subscribing Multi-Family Bin Customers on a weekly or as-
needed basis.
3) Non-Collectable Material. Contractor shall not be required to collect Hazardous Materials or
other materials which are not Refuse, Yard Waste or Recyclable Materials, nor shall
Contractor be required to collect materials which are not placed as required by applicable
collection rules for such items. If Contractor refuses to collect such misplaced materials,
Contractor shall leave a notice explaining why such materials were not collected. The form
and content of such notice shall be subject to approval by City.
4) Missed Pick-ups. In case of a missed pick-up called in by a customer or City, Contractor shall
collect the materials from the customer during the next regular collection day. All calls
relating to missed pick-ups shall be logged in by Contractor. The log shall be sent to City on
a monthly basis, but shall be available for inspection at any time by City.
5) Litter Abatement. Contractor shall use due care to prevent Solid Waste or fluids from
leaking, being spilled and/or scattered during the Collection or transportation process. If
any Solid Waste or fluids leak or are spilled during Collection, Contractor shall promptly
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clean up all such materials. Each Collection vehicle shall carry a broom and shovel at all
times for this purpose.
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Packet Pg. 554 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)
EXHIBIT "B"
CONTAINER SPECIFICATIONS AND RULES
1) Container Specifications
A) Recycling Containers. The Recycling Containers to be provided and used in the
residential curbside recycling program shall be one (1) fourteen (14) and one eighteen
(18) gallon bin for each customer, having a design and specifications acceptable to City
and having at least one (1) hole near the bottom of each container.
B) Refuse Containers. The material, shape, color, labels and all other design specifications
of the Refuse Containers, except for size (which is specified in the Agreement), shall be
as agreed upon by the parties and may be subsequently changed from time to time with
the prior written approval of City. The containers shall have a weight limit of seventy
(70) pounds per thirty-two (32) gallons of capacity.
C) Yard Waste Containers. The material, shape, color, labels and all other design
specifications of the Yard Waste Containers, except for size (which is specified in the
Agreement), shall be as agreed upon by the parties and may be subsequently changed
from time to time with the prior approval of City.
2) Container Rules
A) All containers for the integrated waste management program services described in the
Agreement shall be purchased, provided and delivered to customers by Contractor.
B) Contractor shall provide, at Contractor's sole cost and expense, such additional recycling
containers to those eligible customers in City that demonstrate the need for such
additional containers because of the amount of Recyclable Materials collected from
such customers.
C) Contractor shall replace all containers at its own expense, whether such replacement is
due to loss, theft, damage, destruction, normal use, normal exposure or manufacturing
defects. Contractor shall provide to City documentation of the cost of such containers.
D) Newspaper and cardboard will be placed in paper bags or flattened and set next to the
Recycling Containers, or bundled in a fashion which allows for easy collection. Motor oil
shall be placed in the Contractor provided one (1) gallon HDPE plastic container or in
any watertight, screw capped one (1) gallon container provided by the residential
customer, and Contractor shall provide the zip-lock plastic bag for the recycling of used
motor oil filters to any residential customer, upon request. Contractor shall provide
these used motor oil containers and oil filter containers at no cost to the customers.
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EXHIBIT “C”
EXTRA PICK-UP AND OTHER SPECIAL SERVICES
1) Extra Pick-up
A) Amnesty Tags. Contractor shall provide and be responsible for the distribution of
quarterly "Amnesty Tags" to each eligible customer. The Amnesty Tags shall allow the
customer to discard up to thirty-two (32) gallons of refuse, not exceeding thirty-five (35)
pounds in weight, one time per quarter at no additional charge. Contractor shall initially
supply these "Amnesty Tags" in the public outreach packet included in the delivery of
the Refuse, Yard Waste and Mixed Paper containers. All future distributions of the
"Amnesty Tags" will be the responsibility of Contractor.
B) Extra Pick-Up Tags. Contractor shall offer "Extra Pick-Up Tags" for a cost identified in
Exhibit “G” for purchase by individual can customers for extra refuse above their
subscription service. Contractor shall make available these Extra Can Tags at
Contractor's office, City Hall, and participating local merchant locations. Extra Pick-Up
Tags may be attached to refuse placed in a single plastic bag, the weight of which shall
not exceed fifty (50) pounds.
C) Other Overages.
i) Yard Waste Overages. Overages of Yard Waste are allowed if they are bundled in 1' x
2' x 4' dimensions and overages do not exceed ten (10) bundles or cans per
household per two (2) week period.
ii) Mixed Paper. Overages of Mixed Paper shall be collected if they are placed in a
paper bag no larger than 1' x 2' x 2'. Customers shall be limited to no more than five
(5) such bags per week.
iii) Christmas Trees. Contractor agrees to continue to collect Christmas trees from
customers beginning the first service day after Christmas and continuing until the
fifteenth (15th) day of January.
2) Bulky Goods. Contractor shall offer a Bulky Goods pick-up service on an on-call basis for the
collection of items such as White Goods, electronic waste, furniture, mattresses and
carpets. The charge for the collection of these items shall be identified in Exhibit “G”.
3) Oil Filter Recycling. Oil Filter Recycling shall be provided by Contractor at no charge to all
residential customers receiving can service. The service will be provided weekly and
Contractor agrees to provide plastic zip-lock bags to such customers who may wish to
recycle their oil filters at no charge. Contractor agrees to pick up oil filters as long as they
are securely sealed in the Contractor-provided bag. Contractor shall be responsible for the
advertising of this program to all eligible customers.
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4) Voluntary Recycling. Contractor shall provide weekly recycling service to Multi-Family Bin
Customers and Commercial Customers who voluntarily subscribe to such service. Those
subscribing Multi-Family Bin Customers shall be charged a fee identified in Exhibit “G” for
recycling services. The material collected will include all those materials listed under Section
1(I) of the Agreement. Multi-Family complexes will also have the option to utilize
Contractor's Commercial Recycling rate of seventy percent (70%) of the Refuse rate as
shown in Exhibit “G”. Commercial Can Customers shall be eligible for two (2) eighteen (18)
gallon bins upon request at no additional charge for Recyclable Materials.
5) Community Cleanup Projects. Contractor shall provide service to City for the City sponsored
community cleanup projects at no charge and upon City's request. Contractor agrees to
provide for the drop off, collection and disposal of debris boxes from said cleanup projects
up to six (6) times per year, with a maximum of two (2) 20- yard containers to be provided
for each event.
6) Complaints of Illegal Dumping. Contractor agrees to service complaints of illegal dumping of
Bulky Goods on public properties at no charge and upon City's request. Complaints
regarding items such as washers, furniture, mattresses, etc., that have been illegally
disposed of on public property will be referred to Contractor by City for pick-up within forty-
eight (48) hours of notification. Contractor shall provide documentation to City within seven
(7) business days that the items under complaint have been picked up.
7) Drop-Off Recycling. Contractor shall make available, at Contractor's expense, drop-off
recycling location during the term of the Agreement, except as otherwise may be directed
by written notice from City to Contractor. Contractor shall make arrangements for drop-off
recycling for residents and businesses of City or other places as and in accordance with rules
approved by City. Contractor's recovery program shall consist of the placement of bins at
said location for deposit of Recyclable Materials. No charges shall be made for drop-off
recycling by residents of City, unless specifically authorized by City and set forth in Exhibit
"G" hereto, provided that the items dropped off are generated within the City and do not
exceed two (2) 18-gallon containers per resident per week. Contractor shall include regular
advertisements of this drop-off recycling location and services in its promotional program
described in Section 4(h) of the Agreement.
8) Street Sweeping.
A) Scope of Services.
i) Contractor shall perform street sweeping operations using appropriate vehicles on
all designated City streets, as identified by the City and approved by the Contractor,
no less frequently than once every two weeks, weather permitting, except as
provided below.
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ii) Contractor shall perform street sweeping operations using appropriate vehicles in
City business districts and on arterial streets, as identified by the City and approved
by the Contractor, no less frequently than once per week, weather permitting.
iii) Contractor shall perform street sweeping operations using appropriate vehicles on
certain City parking lots, as identified by the City and approved by the Contractor, no
less frequently than once every two weeks, weather permitting.
B) Performance Requirements.
i) Contractor will provide sufficient equipment to guarantee uninterrupted service to
City, at Contractor' s sole cost and expense. Contractor shall maintain the equipment
in good repair and operating condition and shall provide all fuel, lubricants, tires,
and all materials and supplies for the operation thereof. Contractor, at its sole cost
and expense, shall furnish competent personnel to operate all equipment and such
other employees as required to furnish adequately the service required in this
Section.
ii) Contractor shall be solely responsible for disposal of all sweepings collected by
Contractor in the performance of services pursuant to this Section.
iii) Contractor shall not be required to perform street sweeping in any new subdivision
or development in the City until the public improvements of the subdivision or
development have been accepted by the City
iv) Contractor shall be provided with access and the materials necessary to obtain
water from City water hydrants and shall be allowed to use such water as necessary
to perform duties under this Section free of charge.
C) Service Exclusions. Contractor and City agree that the street sweeping performed by
Contractor pursuant to this Interim Agreement shall be the collection and disposal of
routine debris from streets. The following types of street sweeping are excluded from
this Interim Agreement:
i) Street Sweeping to clear debris from public emergencies and traffic accidents during
non-operational hours; and
ii) The clearing of hazardous waste.
9) Phase 1 of the Commercial Generator Desktop Compliance Reviews for SB 1383, AB 1826,
and AB 341 Compliance
A) Contractor shall complete a compliance review of all Multi-Family and Commercial
Customers that subscribe for two (2) cubic yards or more per week of Solid Waste,
including Organic Materials, to determine whether they are subscribed for Organic
Materials collection service and Recyclable Material collection service, as applicable. The
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Commercial Generator Desktop Compliance Reviews consist of a “desk” review of
records to determine Customers’ compliance and does not require on-site observation
of service.
B) As part of the compliance review described in subsection (A) above, Contractor shall
identify covered generators requiring Organic Materials collection service under AB
1826 and SB 1383, as well as those covered generators not enrolled for service. For the
purposes of this subsection (B), a covered generator is a Multi-Family or Commercial
Customer that is subscribed for two (2) cubic yards or more of Solid Waste per week.
C) As part of the compliance review described in subsection (A) above, Contractor shall
identify covered generators requiring Recyclable Material collection service under AB
341, as well as those covered generators not enrolled for service. For the purposes of
this subsection (C), a covered generator is a Multi-Family or Commercial Customer that
is subscribed for four (4) cubic yards or more of Solid Waste per week.
D) The desktop compliance review shall be completed in the month of August and reported
to the City by the first week of September of 2022.
10) AB 1826 and SB 1383 Outreach and Education
A) Contractor shall complete outreach using a variety of platforms and tools each month,
which shall focus on the requirements of AB 1826 and SB 1383 including ads in local
publications, social media, mailings, etc. Outreach conducted shall be reported to the
City at the end of each month for the duration of this Agreement.
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Packet Pg. 559 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)
EXHIBIT "D"
CUSTOMER SERVICE STANDARDS
1) General Service Standards. In addition to the customer service standards set forth
elsewhere in the Agreement, including its Exhibits, Contractor shall also maintain the
following standards:
A) Professionalism. Contractor shall perform all services under the Agreement in a
thorough, professional, sanitary, safe and careful manner. Contractor shall establish and
enforce an educational program which will train Contractor's employees in the
identification of Hazardous Waste. Contractor shall also train its employees in customer
courtesy, shall prohibit the use of loud or profane language, and shall instruct Collection
crews to perform the work quietly. Contractor shall use reasonable efforts to assure
that all employees present a neat appearance and conduct themselves in a courteous
manner. Contractor shall provide suitable operation, health and safety training for all of
its employees who use or operate equipment or who are otherwise directly involved in
Collection or other related operations.
B) Compliance with Laws. Contractor shall perform all services under the Agreement in
accordance with all federal, state and local laws, ordinances and regulations, including
without limitation the provisions of applicable sections contained in Chapter 12 of the
Gilroy City Code.
C) Disturbance. No collection made hereunder in residential neighborhoods shall
commence prior to 6:00 a.m. or occur after 7:00 p.m. on any day. All collection shall be
accomplished without unnecessary noise, litter, disturbance, or commotion.
D) Handling of Containers. Contractor agrees that all containers, after emptying, shall be
returned with the lids closed, and placed, not thrown, to the premises from which they
were removed, within five (5) feet of the place the container was picked up, but not in
any driveway or street.
2) Service Inquiries & Complaints
A) Telephones. Contractor shall provide and maintain, at Contractor's expense, such
telephones and telephone answering services as may be reasonably necessary so that
calls, requests, complaints and service inquiries may be received by Contractor with
respect to Contractor's operations and services between the hours of 8:00 a.m. and 5:00
p.m. on all regular collection days. Contractor shall have staff available and assigned to
answer such calls during these hours. Answering services shall be maintained outside of
regular business hours and collection days. Contractor shall also install, utilize and
maintain during the term of this Agreement appropriate telecommunication equipment
for communication with deaf customers, such as "Telecommunication Device for the
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Deaf" (TDD), and provide training, as reasonably necessary, for the use of that
equipment.
B) Response. Contractor shall respond within the same business day to all calls and act
within one business day, where practicable, upon all reasonable requests and
complaints pertaining to Contractor's operations and services, including complaints or
service inquiries referred to Contractor by City. Contractor shall maintain a daily log of
all complaints, including date, time, name and address of complainant and a description
of actions taken to address and resolve such complaints and prevent reoccurrence. A
copy of the log shall be provided to City upon request and at least monthly during the
term of this Agreement. Contractor shall furnish to City by the tenth (10th) day of each
month during the term of this Agreement a monthly service report for the preceding
month describing Contractor's response to and resolution of all requests, complaints
and service inquiries.
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Packet Pg. 561 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)
EXHIBIT "E"
COLLECTION VEHICLE SPECIFICATIONS
1) Collection vehicles used by Contractor to perform the services contemplated by this
Agreement shall be painted uniformly and numbered in consecutive sequence and shall
have Contractor's name, telephone number, place of business and the number of the
vehicle painted in letters of a contrasting color on each side of each vehicle, and the
number painted on the rear. Said rear number shall be readable for a distance of one
hundred (100) feet. No commercial or other advertising shall be permitted without the
approval of City.
2) All collection equipment used by Contractor shall have appropriate safety markings
including, without limitation, highway lighting, flashing and warning lights, clearance lights,
and warning flags. All such safety marking and all other vehicle aspects shall conform to the
requirements of the California Vehicle Code, as amended from time to time, and shall be
subject to approval by City.
3) Collection vehicles shall be repainted at least every sixty (60) months, with "touch up's" in
the interim as required. Each vehicle, when repainted, shall be made available to City for
inspection. All collection vehicles shall not be more than ten (10) years old unless
rehabilitated, overhauled, and repainted to an equivalent condition of a new vehicle.
Rehabilitated vehicles shall be made available to City for inspection. In no case shall any
vehicle be more than fifteen (15) years old.
4) Contractor's compliance with the collection vehicle specifications hereunder shall be subject
to the review and determination of City. All vehicles operated by Contractor must comply
with applicable state laws and regulations. Contractor shall cooperate with all California
Highway Patrol vehicle inspections initiated with respect to Contractor's vehicles.
5) All collection vehicles shall be fueled by compressed natural gas.
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Packet Pg. 562 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)
EXHIBIT "F"
MONTHLY AND QUARTERLY REPORTS
Contractor shall report to City the following information on a monthly basis:
1) Refuse Collected. Contractor shall provide City with information regarding the quantities of
Refuse, Recyclable Materials, and Yard Waste collected, the type of material collected, from
which City the Refuse or other material was collected, and from which category of
customers the Refuse was collected.
2) Refuse Collection Vehicle Weigh-In. Contractor shall provide to City detailed information
resulting from the weigh-in of collection vehicles under Section 4(a)(v) of the Agreement.
Information to be reported shall be the number of vehicles weighed and the gross and net
weight of each vehicle.
3) Container Expenditures. Contractor shall provide to City the quantity and types of
containers provided to each category of customers, including additional and replacement
containers for refuse customers and any other information City may reasonably require
regarding the provision of and expenditures for containers.
4) Promotional Materials Distributed. Contractor shall provide to City the types and amount of
promotional materials distributed by Contractor pursuant to Section 4(h) of the Agreement,
and any other information City may reasonably required regarding the distribution of
promotional materials and contacts made by Contractor to promote the integrated waste
management program.
5) Customer Service Reports. Contractor shall provide to City information describing
Contractor's response to and resolution of all requests, complaints and service inquiries,
pursuant to Section 2(B) of Exhibit "D" to the Agreement.
6) Other. Contractor must also report to City such other information as may be required by the
terms of the Agreement or as may be mutually agreed by the parties. Contractor shall retain
all records required to be maintained by this Agreement for a period of not less than five (5)
years.
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EXHIBIT "G"
APPROVED COLLECTION RATES & APPROVED SPECIAL SERVICES RATES
Rates Effective July 1, 2021 – Current and Approved Rates Under this Agreement
Description
Current and
Approved
Rate
1. Residential Customers and Multi-Family Can Customers (Including Recycling)
1-Can (32 gallon) 35.73
2-Cans (64 gallon) 51.11
3-Cans (96 gallon) 66.89
4-Cans (128 gallon) 85.43
Each Additional Can (32 gallon) 18.90
Extra Can/Bag Tag 7.43
Bulky Item Pickup (Plus Disposal Cost) 22.27
Toter Subscription Charges 18.53
Low-Income Senior
1-Can (32 gallon) 30.18
2-Cans (64 gallon) 42.72
3-Cans (96 gallon) 55.82
4-Cans (128 gallon) 68.92
Hillside
1-Can (32 gallon) 43.06
2-Cans (64 gallon) 61.19
3-Cans (96 gallon) 79.77
4-Cans (128 gallon) 98.34
2. Residential Customers on Private Roadways (No Street Sweeping)
1-Can (32 gallon) 33.84
2-Cans (64 gallon) 49.22
3-Cans (96 gallon) 65.00
4-Cans (128 gallon) 83.54
Each Additional Can (32 gallon) 17.01
Extra Can/Bag Tag 7.43
Bulky Item Pickup (Plus Disposal Cost) 22.27
Toter Subscription Charges 18.53
Low-Income Senior
1-Can (32 gallon) 28.29
2-Cans (64 gallon) 40.83
3-Cans (96 gallon) 53.93
4-Cans (128 gallon) 67.03
Hillside
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Description
Current and
Approved
Rate
1-Can (32 gallon) 41.17
2-Cans (64 gallon) 59.30
3-Cans (96 gallon) 77.88
4-Cans (128 gallon) 96.45
3. Multi-Family Bin Customer Recycling
Per Unit Charge 2.78
For recycling service only (option to choose Commercial Service)
4. Commercial and Multi-Family Bin Customer (Refuse)
1-Can (32 gallon) 35.73
2-Cans (64 gallon) 53.88
3-Cans (96 gallon) 72.49
4-Cans (128 gallon) 91.04
Each Additional Can (32 gallon) 20.45
5. Commercial and Multi-Family Bin Customer (Organics)
1-Can (32 gallon) 28.29
2-Cans (64 gallon) 42.80
3-Cans (96 gallon) 57.69
4-Cans (128 gallon) 72.53
Each Additional Can (32 gallon) 16.06
6. Commercial Front Loader Service Rates
2 Yard F/L (1x/week) 237.32
2 Yard F/L (2x/week) 445.20
2 Yard F/L (3x/week) 653.05
2 Yard F/L (4x/week) 860.98
2 Yard F/L (5x/week) 1,068.82
2 Yard F/L (6x/week) 1,276.72
2 Yard F/L (on call) 154.26
3 Yard F/L (1x/week) 341.81
3 Yard F/L (2x/week) 643.87
3 Yard F/L (3x/week) 945.83
3 Yard F/L (4x/week) 1,247.85
3 Yard F/L (5x/week) 1,549.86
3 Yard F/L (6x/week) 1,851.85
3 Yard F/L (on call) 219.94
4 Yard F/L (1x/week) 458.37
4 Yard F/L (2x/week) 866.80
4 Yard F/L (3x/week) 1,275.19
4 Yard F/L (4x/week) 1,683.64
4 Yard F/L (5x/week) 2,092.11
4 Yard F/L (6x/week) 2,500.49
4 Yard F/L (on call) 305.46
6 Yard F/L (1x/week) 667.36
6 Yard F/L (2x/week) 1,268.75
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Packet Pg. 565 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)
Description
Current and
Approved
Rate
6 Yard F/L (3x/week) 1,870.18
6 Yard F/L (4x/week) 2,471.57
6 Yard F/L (5x/week) 3,072.95
6 Yard F/L (6x/week) 3,674.35
6 Yard F/L (on call) 418.79
Front Loader Special (per cubic yard) 25.49
Commercial Front Loader Service Organics Rates
1 Yard F/L (1x/week) 130.80
1 Yard F/L (2x/week) 245.55
1 Yard F/L (3x/week) 360.28
1 Yard F/L (4x/week) 475.05
1 Yard F/L (5x/week) 589.78
1 Yard F/L (6x/week) 704.55
1 Yard F/L (on call) 85.16
2 Yard F/L (1x/week) 189.56
2 Yard F/L (2x/week) 355.86
2 Yard F/L (3x/week) 522.15
2 Yard F/L (4x/week) 688.49
2 Yard F/L (5x/week) 854.76
2 Yard F/L (6x/week) 1,021.09
2 Yard F/L (on call) 123.41
3 Yard F/L (1x/week) 273.15
3 Yard F/L (2x/week) 514.80
3 Yard F/L (3x/week) 756.37
3 Yard F/L (4x/week) 997.99
3 Yard F/L (5x/week) 1,239.59
3 Yard F/L (6x/week) 1,481.19
3 Yard F/L (on call) 175.95
4 Yard F/L (1x/week) 366.41
4 Yard F/L (2x/week) 693.14
4 Yard F/L (3x/week) 1,019.86
4 Yard F/L (4x/week) 1,346.61
4 Yard F/L (5x/week) 1,673.39
4 Yard F/L (6x/week) 2,000.08
4 Yard F/L (on call) 244.37
6 Yard F/L (1x/week) 533.60
6 Yard F/L (2x/week) 1,014.71
6 Yard F/L (3x/week) 1,495.84
6 Yard F/L (4x/week) 1,976.96
6 Yard F/L (5x/week) 2,458.07
6 Yard F/L (6x/week) 2,939.18
6 Yard F/L (on call) 355.05
Front Loader Special (per cubic yard) 20.39
6. Compactor Service
Front Loader (per cubic yard) 54.80
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Packet Pg. 566 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)
Description
Current and
Approved
Rate
3-Yard F/L Compactor (1x/week) 712.40
3-Yard F/L Compactor (2x/week) 1,424.80
3-Yard F/L Compactor (3x/week) 2,137.20
7. Debris Box Rates
20 Cubic Yard Debris Box 576.73
Per ton charge (over 3 tons) 111.37
40 Cubic Yard Debris Box 961.11
Per ton charge (over 6 tons) 111.37
20 Cubic Yard Debris Box (organics) 461.39
Per ton charge (over 3 tons) 89.09
40 Cubic Yard Debris Box (organics) 768.89
Per ton charge (over 6 tons) 89.09
Debris Box Compactors 54.43
(per cubic yard of capacity)
20 Cubic Yard Debris Box (recyclable) 357.23
40 Cubic Yard Debris Box (recyclable) 632.19
8. Additional Street Sweeping
Monday through Friday, 8:00am to 5:00pm (per hour) 136.89
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EXHIBIT "H"
FORM OF MONTHLY BILLING AND COLLECTION REPORT
BILLING AND COLLECTION REPORT FOR THE MONTH OF______________ ,20______
Total Amounts Billed (See Attached Billing Register):
Charges: Late:
() Residential Customers $__________ $__________
() Multi-Family Bin Customers $__________ $__________
() Multi-Family Can Customers $__________ $__________
() Commercial Customers $__________ $__________
() Other Customers (specify: __________) $__________ $__________
GRAND TOTAL BILLED $__________
Total Amounts Collected from Previous Monthly Billings:
(See Attached cash receipts journal)
Charges: Late:
() Residential Customers $__________ $__________
() Multi-Family Bin Customers $__________ $__________
() Multi-Family Can Customers $__________ $__________
() Commercial Customers $__________ $__________
() Other Customers (specify: __________) $__________ $__________
GRAND TOTAL BILLED $__________
Total Amount Collected from Recycling:
(See attached recycling report)
() Recycling Containers $__________
() Recycle Drop-Off Locations $__________
() Other Sources (specify: __________) $__________
SUBTOTAL $__________
GRAND TOTAL collected $__________
Fees to be Paid to City:
Admin 4% Franchise 5%
() City Fee Payments Made to City $__________ $__________
() Other (specify: ________________) $__________ $__________
Amount of Check to City $__________
Attachment A
9.1.b
Packet Pg. 568 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)
EXHIBIT "I"
LIQUIDATED DAMAGES FOR FAILURE TO PERFORM
Description Amount
Collection before 6:00 a.m. $90 per verified occurrence
Failure to submit monthly Reports:
Tonnage
Recycling
Billing and Collection
$90 per day for each report
Failure to service missed collection within 24
hours
$35 per customer per day
Failure to maintain Contractor’s containers
and inventory
$15 per day late based on agreed compliance
schedule
Failure to renew Performance Bond or
Insurance and submit Certificate of Insurance
prior to expiration date
$185 per day
Attachment A
9.1.b
Packet Pg. 569 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)
EXHIBIT "J"
GUARANTY OF PERFORMANCE
For valuable consideration, Recology Inc., a California corporation ("Guarantor"), the
parent company of Recology South Valley ("Contractor"), hereby unconditionally guarantees
the full and faithful performance and satisfaction by Contractor of all of Contractor's obligations
and liabilities under and arising from the agreement between City of Gilroy ("City") and
Contractor dated August 15, 2022 ("Agreement").
Guarantor acknowledges that this Guarantee will directly benefit Guarantor and is given
to induce City to enter into the Agreement with Contractor.
If Contractor fails to perform any of the services or obligations required by the
Agreement, or is in any way in default thereunder, or if Contractor fails to pay any amount
which it becomes obligated to pay City relating to its performance or failure to perform the
Agreement, Guarantor shall be fully obligated to perform such services and obligations, cure
any such default and make such payments in the same manner and to the same extent required
by the Agreement or any applicable decision or order in connection therewith. No notice or
demand of any such failure or default by Contractor shall be required to be given to Guarantor.
No right or power of City hereunder shall be deemed to have been waived by any act or
conduct of City or by any neglect to exercise that right or power, or by any delay in so doing,
and every right and power shall continue in full force and effect until specifically waived or
released in writing executed by City. Guarantor authorizes City, without notice or demand to
Guarantor, to modify, compromise or extend any obligation or liability of Contractor, or any
part thereof, under or arising from the Agreement.
Any indebtedness of Contractor now or hereafter held by Guarantor is hereby
subordinated to any and all indebtedness of Contractor to City under or arising from the
Agreement. Guarantor assumes all responsibility for keeping itself informed of Contractor's
performance or non-performance of services and obligations under the Agreement, of
Contractor's assets and financial condition, and of any other factors bearing on the nature,
scope and extent of the risks undertaken by Guarantor under this Guarantee.
Guarantor waives any right to require City to proceed against Contractor or pursue any
other remedy in City's power whatsoever. In addition to the obligations and liabilities
guaranteed hereunder, Guarantor agrees to pay attorneys' fees, costs and expenses incurred by
City in enforcing this Guarantee. This Guarantee of Guarantor shall be binding on Guarantor
and its successors and assigns, and this Guarantee shall enure to the benefit of City and its
successors and assigns. The laws of the State of California shall govern all matters of
construction, validity and performance of this Guarantee, which may not be waived, altered,
modified or amended except in a writing duly signed by City and Guarantor.
Attachment A
9.1.b
Packet Pg. 570 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)
If any provision of this Guarantee is held to be invalid or unenforceable then, to the
extent necessary to effectuate the original intent of the parties as closely as practicable, this
Guarantee shall be construed as though it did not contain that provision, and the rights and
liabilities of the parties to this Guarantee shall be construed and enforced accordingly.
In any action or proceeding arising from or pertaining to this Guaranty, neither party
shall challenge the validity of the Agreement or the manner of its adoption.
The undersigned are duly elected officers of Guarantor and are authorized to execute
this Guarantee on behalf of Guarantor in accordance with the attached resolution duly adopted
by its Board of Directors.
Dated: RECOLOGY INC.
By:
Its:
Attachment A
9.1.b
Packet Pg. 571 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)
EXHIBIT "K"
REQUIRED INSURANCE COVERAGES
1) Commercial General Liability Insurance. This policy shall insure Contractor and City against
liability for personal injury or death to and of any person and for property damage arising or
resulting from the operations of Contractor in connection with the performance of the
Agreement. Such policy shall include business automobile liability coverage applicable to
vehicles used by Contractor, and products-completed operations coverage, pertaining to
such operations of Contractor. Minimum limits of coverage shall be in the amount of
$5,000,000 each occurrence, combined single limit and general aggregate coverage (or, if
there are separate limits for property damage liability, minimum policy limits of $500,000
per occurrence for such property damage liability).
2) Workers' Compensation and Employer's Liability Insurance. Contractor shall maintain full
Workers' Compensation insurance in accordance with the laws of the State of California and
other applicable laws and regulations.
3) The insurance companies providing the required insurance, and any deductibles and/or self-
insured retentions which apply to such insurance, shall be subject to approval by City.
4) The Commercial General Liability Insurance shall cover City and its public officials, officers,
employees and agents as additional insureds. The required insurance shall be considered
primary insurance as respects any other valid and collectible insurance City may possess,
including any self-insured retention City may have, and any other insurance City possesses
shall be considered excess insurance only. Contractor shall agree to waive all rights of
subrogation against City and its public officials, officers, employees and agents for any loss
arising under the Agreement.
5) No cancellation or non-renewal of required insurance, and no reduction of coverage under
such insurance, shall be effective until written notice has been given to City at least 30 days
prior to the effective date of such cancellation or reduction.
6) Certificates evidencing the required insurance, or insurance policies, upon request, shall be
filed with City upon the execution of the Agreement.
Attachment A
9.1.b
Packet Pg. 572 Attachment: Attachment A - Proposed Interim Franchise Agreement (3921 : Interim Franchise Agreement)
City of Gilroy
STAFF REPORT
Agenda Item Title: Adoption of An Urgency Ordinance of the City Council of
the City of Gilroy Adopting a Short-Term Interim Franchise
Agreement with Recology South Valley for Solid Waste
Hauling Services and a Finding that Its Action in Adopting
the Ordinance is Exempt From Review Under the California
Environmental Quality Act (“CEQA”) Pursuant to CEQA
Guidelines Section 15061(b)(3) (Common Sense
Exemption) In that the Proposed Ordinance Will Continue
an Existing State-Mandated Program for the Protection of
Public Health and the Environment, and None of the
Circumstances in CEQA Guidelines Section 15300.2 Apply.
Meeting Date: August 15, 2022
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted By: Jimmy Forbis, City Administrator
Prepared By: Bryce Atkins, Senior Management Analyst
Strategic Plan Goals
☐ Develop a Financially
Resilient Organization
Ensure Neighborhood
Equity from City
Services
☐ Promote Economic
Development
Activities
☐ Promote Safe,
Affordable Housing for All
☐ Maintain and Improve
City Infrastructure
RECOMMENDATION
a) Motion to read the ordinance by title only and waive any future reading.
b) Adopt an Urgency Ordinance of the City Council of the City of Gilroy approving a
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short-term interim franchise agreement with Recology South Valley for solid
waste hauling services.
EXECUTIVE SUMMARY
The City Charter (Charter) places a limit of 25 years for franchise agreements. The
current franchise agreement for solid waste hauling services was adopted on
September 2, 1997, placing the required end of the agreement on September 2, 2022.
The City of Gilroy (City) is negotiating a new franchise agreement for solid waste
hauling services, but it will not be finalized bef ore the 25-year limit is reached. A new,
short-term franchise agreement is required to provide this essential service, and begin
implementation of new state legislation, while the process to finalize the new, longer -
term franchise agreement completes. As the interim franchise agreement is to be
adopted by ordinance, an urgency ordinance is required to adopt the interim agreement
in time to sustain the mandatory public health services being provided.
BACKGROUND
The City contracts through exclusive franchise agreements for solid waste hauling
services, sometimes referred to as garbage or refuse service, but which now also
includes due to recent legislation required recycling and organic waste service. The
franchise agreement process is regulated by the Charter, which contains certain
provisions. Among these, the primary matter of concern is a maximum term limit on
franchise agreements established at 25 years.
The City entered into its current franchise agreement on September 2, 1997. At 25
years, the required termination of that franchise agreement is September 2, 2022, 18
days from this evening’s Council Meeting. The City has been in negotiations with
Recology South Valley (Recology) on a new franchise agreement, pursuant to the
requirements of the Charter. However, the new franchise agreement currently in
negotiations will not be completed in time, nor effective even if ready for this Council
meeting, due to the Charter’s requirement that regular ordinances take effect thirty days
after adoption.
The Charter provides conditions on franchise agreements regarding its adoption. The
franchise must be granted by ordinance pursuant to Section 600 of the Charter.
Additionally, an urgency ordinance requires five affirmative votes to be passed,
pursuant to Section 602 of the Charter, instead of the usual four affirmative votes for
regular ordinances.
ANALYSIS
Staff, in consultation with the City Attorney’s Office, are recommending the approval of a
short-term interim franchise agreement with Recology, and to do so th rough adoption of
an urgency ordinance to take effect immediately upon adoption. This approach would
allow this essential public health and mandated service to continue being provided, and
9.2
Packet Pg. 574
begin implementation of the requirements issued by California Senate Bill 1383 (“SB
1383”), Assembly Bill 1826 (“AB 1826”), and Assembly Bill 341 (“AB 341”) (collectively,
“State Legislation”).
The interim agreement is a paring down and enhancement to the existing franchise
agreement. The reason for this approach was to limit disruptions to customers of the
service, to not require any increase of service charges during the interim franchise
agreement, and to have terms that are known to be agreeable to both the City and
Recology to continue service without interruption due to a need for broad negotiation on
the interim agreement. Additionally, there are provisions to initiate non-operational
components of the State Legislation, more specifically data collection and identification
of customers within various categories as identified in State Legislation. This will help
continue to show compliance and advancement of the legal requirements, until the new
longer-term franchise agreement can be approved and made effective.
In summary, the changes in the interim agreement from the franchise agreement about
to expire include:
• Amended the term to end December 31, 2022, or until replaced by the longer -
term franchise agreement, whichever occurs sooner.
• Removal of references to the original “Can-Do” recycling program, as current
State Legislation requires the three-cart system already in place, including
recycling and organics.
• Rates will remain the same as currently exist during the term of the interim
agreement
• Removed the references to annual inflationary increases, the methodology of
those increases, and the five-year review and adjustment process.
• Removed references to processes such as annual or intermittent year
adjustments or reviews, given the limited term of the interim agreement.
• Deleted no longer needed exhibits for those provisions that were deleted in the
agreement itself.
• Added the workplan for Phase 1 of the Commercial Generator Desktop
Compliance Reviews for State Legislation compliance, and initial outreach efforts
and planning.
Urgency Ordinance
The urgency ordinance is required as regular ordinance would not go into effect until
thirty days after adoption per Section 608, which would require Recology to end its
service after September 2nd, only to resume it on October 12 when a regular ordinance
would become effective after two regular City Council meetings – an introduction
(August 15, 2022 meeting) and adoption (September 12, 2022 meeting) of the
ordinance, interrupting service for at least 40 days. By adopting the agreement by an
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urgency ordinance, the ordinance goes into effect immediately, allowing service to be
uninterrupted, preserving public health and safety through sanitation services.
To adopt an urgency ordinance, the Council must adopt findings to that effect. The
findings for consideration to adopt the urgency ordinance are based on the following:
a. The City Council finds that the City is required to provide solid waste hauling
services for the protection of public health and safety for reasons set forth in the
recitals, and to meet legal obligations plac ed upon it by the State of California in
furtherance of these two essential needs.
b. The City Council finds that the provision of this service, as a utility, is to be
provided by a franchise agreement as indicated in the City Charter. The City
Charter limits franchise agreements to 25 years, of which the City’s current
franchise agreement will reach the 25-year limit on September 2, 2022, before
the next City Council meeting, and before a regular ordinance authorizing an
exclusive franchise agreement can be in effect. Finalizing negotiations of a
franchise agreement has been delayed by the negotiation of terms and
conditions implementing the organics and recycling requirements as imposed by
recently adopted State law.
c. The City Council finds that the provision of services without a current franchise
agreement is made a misdemeanor by the City Charter, which would prevent the
City’s current solid waste hauler from providing its service to meet the City’s
obligations relating to health, safety and general welfare of the public beyond
September 2, 2022, therefore creating a public health threat.
d. The City Council finds that the City has a franchise agreement in place, and a
new one is being negotiated, but will not be ready in time for adoption as this
urgency ordinance agreement, necessitating the short-term interim agreement
proposed, and this ordinance to take effect immediately to complete the franchise
agreement process to continue essential services during the intervening time
until the negotiated franchise agreement can be finalized.
CEQA Exemption
Adopting this Ordinance is exempt from review under the California Environmental
Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061(b)(3) (Common
Sense Exemption) in that the proposed ordinance will continue an existing state-
mandated program for the protection of public health and the environment, and none of
the circumstances in CEQA Guidelines Section 15300.2 apply.
ALTERNATIVES
Council may either adopt, reject, or modify the urgency ordinance and attached interim
franchise agreement. Rejection of the item is not recommended, as there would not be
sufficient time to find alternatives to provide the service consistent with the Charter.
Modification of the interim agreement is likewise not recommended, due to the need to
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Packet Pg. 576
take any changes back to Recology to see if agreeable, which may interrupt service for
an unknown amount of time.
FISCAL IMPACT/FUNDING SOURCE
There are no cost impacts from the adoption of the urgency ordinance and interim
franchise agreement. The rates will remain in effect, as well as the City’s franchise and
administration fees. There will be minor costs associated with publishing the urgency
ordinance, but the cost will be absorbed in existing appropriations approved by the City
Council.
CONCLUSION
The City’s negotiations for a new franchise agreement are not finalized yet, which based
on requirements from the Charter would necessitate the end of solid waste hauling
services after September 2, 2022. The proposed urgency ordinance and interim
franchise agreement would allow for services to continue, meeting the state mandated
public health service requirements placed upon the City. The interim agreement would
last through the rest of this calendar year, or until the new negotiated franchise
agreement becomes effective, whichever is sooner.
NEXT STEPS
With approval of the urgency ordinance and interim franchise agreement, the City
Clerk’s Office will complete the required public noticing. City staff will complete the
signature process and enact the agreement with Recology. Once the negotiated longer -
term franchise agreement is ready, staff will return to Council for consideration of the
contract.
PUBLIC OUTREACH
A public notice was advertised in the San Jose Mercury Newspaper on August 5, 2022,
announcing this public hearing item. Additionally, the item was included on the publicly
posted agenda for this meeting.
Attachments:
1. Proposed Urgency Ordinance
2. Attachment A - Proposed Interim Franchise Agreement
9.2
Packet Pg. 577
RESOLUTION NO. 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY ESTABLISHING APPLICATION FEES FOR
FLYING A COMMEMORATIVE FLAG AT CITY HALL
WHEREAS, State law allows cities to charge fees for services rendered by various
Departments to individuals or group so long as the amount of those fees and charges do not exceed
the reasonable cost required to provide the service for which the fees and charges are levied; and
WHEREAS, Gilroy City Code authorizes the establishment of such fees and charges and
their cost recovery percentages; and
WHEREAS, the City’s User Fee Schedule was updated and adopted on July 5, 2022 via
Resolution No. 2022-40; and
WHEREAS, the Flying Flags at City Facilities Policy was amended and restated by the
City Council and adopted via Resolution No. 2022-09 on February 7, 2022; and
WHEREAS, Section V(a)(7) of that policy provides for the establishment of an application
fee; and
WHEREAS, Ordinance No. 2022-05, adopted on July 5, 2022, established that all fees,
with very limited exceptions, are to recover 100% of costs incurred; and
WHEREAS, applications for commemorative flags being flown at City Hall is not one of
those limited exceptions to fees that are required to have 100% cost recovery.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Gilroy
approves the establishment of two Application Fees for flying commemorative flags at City Hall,
one with signature verification and the other without, to be added to, and updated annually with,
the Citywide User Fee Schedule, with amounts attached hereto as “Exhibit A”.
BE IT FURTHER RESOLVED that the fees shall take effect September 1, 2022.
9.2.a
Packet Pg. 578 Attachment: Draft Resolution - Flag Flying Fee Establishment (3909 : Establishment of Application Fees for Flying a Commemorative Flag at
Resolution No. 2022-XX
Commemorative Flag Flying Application Fee
City Council Regular Meeting | August 1, 2022
Page 2 of 2
PASSED AND ADOPTED on this 15th day of August 2022, by the following roll call
vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED:
Marie Blankley, Mayor
ATTEST:
___________________________________
Thai Nam Pham, City Clerk
9.2.a
Packet Pg. 579 Attachment: Draft Resolution - Flag Flying Fee Establishment (3909 : Establishment of Application Fees for Flying a Commemorative Flag at
Attachment A
General Administration
#Description Current Fee/Charge Unit Notes New Fee
Effective September 1, 2022
Miscellaneous City Code Section 7.1.(a)
17 Commemorative Flag Flying Application - with
Signature Verification New $552.00
18 Commemorative Flag Flying Application - without
Signature Verification New $25.00
9.2.b
Packet Pg. 580 Attachment: Exhibit A - Fee Amounts (3909 : Establishment of Application Fees for Flying a
City of Gilroy
STAFF REPORT
Agenda Item Title: Purchase of Five Dodge Durango Police Pursuit Vehicles
Via Alameda County Tag-On Bid Process (Master Contract
No. 902035)
Meeting Date: August 15, 2022
From: Jimmy Forbis, City Administrator
Department: Administrative Services
Submitted By: LeeAnn McPhillips, Administrative Services/HR Director/Risk
Manager
Prepared By: LeeAnn McPhillips, Administrative Services/HR Director/Risk
Manager
Strategic Plan Goals
☐ Develop a Financially
Resilient Organization
☐ Ensure Neighborhood
Equity from City
Services
☐ Promote Economic
Development
Activities
☐ Promote Safe,
Affordable Housing for All
☐ Maintain and Improve
City Infrastructure
RECOMMENDATION
Approve the Purchase of Five (5) Dodge Durango Police Pursuit Vehicles in the Amount
of $276,825.55 from MY Jeep-Chrysler-Dodge-Ram Utilizing Alameda County Tag-On
Bid Process and Authorize the City Administrator to Execute All Necessary Purchase
Documents.
EXECUTIVE SUMMARY
11.1
Packet Pg. 581
Consistent with the adopted budget for FY 22 and FY 23, the Fleet Division budgeted
for six police pursuit vehicles to replace aging vehicles in the City’s fleet. One vehicle
was purchased in FY 22 and is being prepared for deployment. The remaining five
vehicles had not been purchased due to lack of available vehicles primarily impacted by
the chip shortage and Covid. Staff recently received notification of a short window to
place an order for five 2023 police pursuit vehicles under a tag-on bid process issued by
Alameda County. If the City does not act quickly to place the order, all of the 2023
police pursuit vehicles will be taken by other departments and it will be difficult to secure
vehicles later in the year.
BACKGROUND
The City has not purchased any new police pursuit vehicles since FY 19. Gilroy’s police
pursuit vehicles are heavily utilized and experience significant wear and tear. The Fleet
Division services and repairs police vehicles to keep vehicles in a safe condition and
ready for the high use deployment, however, the vehicles reach a point where they
need to be replaced hence the budgeted vehicle replacements for FY 22 and FY 23.
Due to the limited availability of police pursuit vehicles at this time, staff researched the
available cooperative bidding processes available to local government agencies like
Gilroy to take advantage of purchasing power to get the most competitive pricing. In the
course of this research, the City identified the tag-on bid available through the County of
Alameda (Master Contract Number 902035). This tag-on bid was utilized for the single
police vehicle purchased in FY 22 which allowed the Police Department to obtain a
needed vehicle at a competitive price negotiated through the tag -on bid process. Any
dealer can compete in the competitive bid process; however, a very competitive pricing
structure must be included for a dealer to be awarded the bid. Dealers will offer very
competitive pricing to focus on volume sales. MY Jeep-Chrysler-Dodge-Ram in Salinas
was awarded the Alameda County bid following a competitive bidding process.
Staff did reach out to a local Gilroy dealership to see if similar pricing could be obtained,
but at the time the dealer could not place orders for the vehicles needed. Since that
time, the dealer has not contacted us with vehicle availability or updated pricing. Given
the short window of time for orders to be placed to secure 2023 police pursuit vehicles,
the best option is to take advantage of the Alameda County tag -on bid with a Salinas
dealership in our region.
ANALYSIS
Police personnel that utilize the police pursuit vehicles on a daily basis developed
specifications for the vehicles needed. The purchase will be for five 2023 Dodge
Durango Pursuit vehicles. The cost per vehicle is $55,365.11 for a tota l expenditure of
$276,825.55. The profit mark-up is a very competitive $2,500 per vehicle. Working with
the Government Sales Manager at MY Jeep-Chrysler-Dodge-Ram in Salinas, an order
for the five vehicles is now pending Council approval.
11.1
Packet Pg. 582
Due to the current limited inventory of police pursuit vehicles and the competitive pricing
structure, other affordable alternatives are not feasible at this time.
FISCAL IMPACT/FUNDING SOURCE
A total of $481,000 is budgeted for six PD vehicle purchases in the adopted F Y 22 and
FY 23 budget that was approved by Council in June 2021. As mentioned above, only
one vehicle has been purchased thus far. As part of the mid -cycle budget adjustments
staff will be asking to carry-forward the unspent FY22 fleet replacement budget to FY23.
As such, if approved, the purchase of these vehicles will be charged to the Fleet Fund in
the amount of $276,825.55.
NEXT STEPS
With Council’s approval, staff will move forward with the purchase of the police pursuit
vehicles. At this time, we do not have a firm delivery date, however, we estimate receipt
of the vehicles in about six months. Once the vehicles are received, inspected, and
accepted, the vehicles are outfitted for the Gilroy Police Department use and deployed
in the field.
Attachments:
1. Gilroy PD quote for Five 2023 Dodge Durango Pursuit 08-02-22
2. Gilroy PD POC 2023 Durango Pursuit AWD 08-02-22
11.1
Packet Pg. 583
$5,000 - Manage Economic Development marketing and advertising programs in conjunction
with strategic partners to enhance economic development inquiries and increase opportunities
to attract businesses to Gilroy.
$6,000 - Attend industry tradeshows with City’s economic development team to promote Gilroy
as a business destination.
$4,000 - Partner with the City’s economic development team to do “hand-offs” of those
businesses we have attracted to Gilroy.
$10,000 - Track existing inventory of available buildings and business sites within the
community including public and private buildings and land areas.
% of dollars granted - Assist the City with facilitating grant programs for the business
community.
$25,000 - Create a collaborative workforce development program between education and
industry to give middle school, high school, and college students an opportunity to gain insights
into career pathways to:
• Understand the short-term and long-term needs of Gilroy’s business community.
• Coordinate efforts between GUSD, Gavilan College, the County of Santa Clara and
other agencies to improve workforce training and job opportunities.
• Provide opportunities for businesses and local organizations to participate in
students’ career exploration.
• Develop internship and apprenticeship programs.
Report quarterly to the City Council on performance information related to all the above.
11.1.a
Packet Pg. 584 Attachment: Scope of Services (3920 : Agreement with Gilroy Chamber of Commerce)
-1- 4835-2267-0361v1
LAC\04706083
AGREEMENT FOR SERVICES
(For contracts over $5,000 - CONSULTANT)
This AGREEMENT made this 15th day of August, 2022, between:
CITY: City of Gilroy, having a principal place of business at
7351 Rosanna Street, Gilroy, California
and CONSULTANT: Gilroy Chamber of Commerce, having a principal place of business at 7471
Monterey Street, Gilroy, CA 95020.
ARTICLE 1. TERM OF AGREEMENT
This Agreement will become effective on August 15, 2022 and will continue in effect through June
30, 2027 unless terminated in accordance with the provisions of Article 7 of this Agreement.
Any lapse in insurance coverage as required by Article 5, Section D of this Agreement shall
terminate this Agreement regardless of any other provision stated herein. ______
Initial
ARTICLE 2. INDEPENDENT CONTRACTOR STATUS
It is the express intention of the parties that CONSULTANT is an independent contractor and not
an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be
interpreted or construed as creating or establishing the relationship of employer and employee
between CITY and CONSULTANT or any employee or agent of CONSULTANT. Both parties
acknowledge that CONSULTANT is not an employee for state or federal tax purposes.
CONSULTANT shall not be entitled to any of the rights or benefits afforded to CITY’S
employees, including, without limitation, disability or unemployment insurance, workers’
compensation, medical insurance, sick leave, retirement benefits or any other employment
benefits. CONSULTANT shall retain the right to perform services for others during the term of
this Agreement.
ARTICLE 3. SERVICES TO BE PERFORMED BY CONSULTANT
A. Specific Services
CONSULTANT agrees to: Perform the services as outlined in Exhibit “A” (“Specific
Provisions”) and Exhibit “B” (“Scope of Services”), within the time periods described in Exhibit
“C” (“Milestone Schedule”).
B. Method of Performing Services
CONSULTANT shall determine the method, details and means of performing the above-described
services. CITY shall have no right to, and shall not, control the manner or determine the method
of accomplishing CONSULTANT’S services.
11.1.b
Packet Pg. 585 Attachment: DRAFT Standard Agreement for Services - Gilroy Chamber of Commerce (3920 : Agreement with Gilroy Chamber of Commerce)
-2- 4835-2267-0361v1
LAC\04706083
C. Employment of Assistants
CONSULTANT may, at the CONSULTANT’S own expense, employ such assistants as
CONSULTANT deems necessary to perform the services required of CONSULTANT by this
Agreement, subject to the prohibition against assignment and subcontracting contained in
Article 5 below. CITY may not control, direct, or supervise CONSULTANT’S assistants in the
performance of those services. CONSULTANT assumes full and sole responsibility for the
payment of all compensation and expenses of these assistants and for all state and federal income
tax, unemployment insurance, Social Security, disability insurance and other applicable
withholding.
D. Place of Work
CONSULTANT shall perform the services required by this Agreement at any place or location
and at such times as CONSULTANT shall determine is necessary to properly and timely perform
CONSULTANT’S services.
ARTICLE 4. COMPENSATION
A. Consideration
In consideration for the services to be performed by CONSULTANT, CITY agrees to pay
CONSULTANT the amounts set forth in Exhibit “D” (“Payment Schedule”). In no event
however shall the total compensation paid to CONSULTANT exceed $50,000 anually. Beginning
July 1, 2023, the annual amount shall increase each July 1st by the increase in the annual Consumer
Price Index for the calendar year prior, in the Bureau of Labor Statistics Series CUURS49BSA0 .
B. Invoices
CONSULTANT shall submit invoices for all services rendered.
C. Payment
Payment shall be due according to the payment schedule set forth in Exhibit “D”. No payment
will be made unless CONSULTANT has first provided City with a written receipt of invoice
describing the work performed and any approved direct expenses (as provided for in Exhibit “A”,
Section IV) incurred during the preceding period. If CITY objects to all or any portion of any
invoice, CITY shall notify CONSULTANT of the objection within thirty (30) days from receipt
of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It
shall not constitute a default or breach of this Agreement for CITY not to pay any invoiced amounts
to which it has objected until the objection has been resolved by mutual agreement of the parties.
D. Expenses
CONSULTANT shall be responsible for all costs and expenses incident to the performance of
services for CITY, including but not limited to, all costs of equipment used or provided by
CONSULTANT, all fees, fines, licenses, bonds or taxes required of or imposed against
CONSULTANT and all other of CONSULTANT’S costs of doing business. CITY shall not be
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responsible for any expenses incurred by CONSULTANT in performing services for CITY, except
for those expenses constituting “direct expenses” referenced on Exhibit “A.”
ARTICLE 5. OBLIGATIONS OF CONSULTANT
A. Tools and Instrumentalities
CONSULTANT shall supply all tools and instrumentalities required to perform the services under
this Agreement at its sole cost and expense. CONSULTANT is not required to purchase or rent
any tools, equipment or services from CITY.
B. Workers’ Compensation
CONSULTANT agrees to provide workers’ compensation insurance for CONSULTANT’S
employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and
indemnify CITY, its officers, representatives, agents and employees from and against any and all
claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses,
including without limitation reasonable attorneys’ fees, arising out of any injury, disability, or
death of any of CONSULTANT’S employees.
C. Indemnification of Liability, Duty to Defend
1. As to professional liability, to the fullest extent permitted by law, CONSULTANT
shall defend, through counsel approved by CITY (which approval shall not be unreasonably
withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees
against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities
and expenses, including without limitation attorneys’ fees, to the extent arising or resulting directly
or indirectly from any willful or negligent acts, errors or omissions of CONSULTANT or
CONSULTANT’S assistants, employees or agents, including all claims relating to the injury or
death of any person or damage to any property.
2. As to other liability, to the fullest extent permitted by law, CONSULTANT shall
defend, through counsel approved by CITY (which approval shall not be unreasonably withheld),
indemnify and hold harmless CITY, its officers, representatives, agents and employees against any
and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and
expenses, including without limitation attorneys’ fees, arising or resulting directly or indirectly
from any act or omission of CONSULTANT or CONSULTANT’S assistants, employees or
agents, including all claims relating to the injury or death of any person or damage to any property.
D. Insurance
In addition to any other obligations under this Agreement, CONSULTANT shall, at no cost to
CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability
Insurance on a per occurrence basis, including coverage for owned and non-owned automobiles,
with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due
to bodily injury, sickness or disease, or death to any person, and damage to property, including the
loss of use thereof; and (b) Professional Liability Insurance (Errors & Omissions) with a minimum
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coverage of $1,000,000 per occurrence or claim, and $2,000,000 aggregate; provided however,
Professional Liability Insurance written on a claims made basis must comply with the requirements
set forth below. Professional Liability Insurance written on a claims made basis (including without
limitation the initial policy obtained and all subsequent policies purchased as renewals or
replacements) must show the retroactive date, and the retroactive date must be before the earlier
of the effective date of the contract or the beginning of the contract work. Claims made
Professional Liability Insurance must be maintained, and written evidence of insurance must be
provided, for at least five (5) years after the completion of the contract work. If claims made
coverage is canceled or non-renewed, and not replaced with another claims-made policy form with
a retroactive date prior to the earlier of the effective date of the contract or the beginning of the
contract work, CONSULTANT must purchase so called “extended reporting” or “tail” coverage
for a minimum of five (5) years after completion of work, which must also show a retroactive date
that is before the earlier of the effective date of the contract or the beginning of the contract work.
As a condition precedent to CITY’S obligations under this Agreement, CONSULTANT shall
furnish written evidence of such coverage (naming CITY, its officers and employees as additional
insureds on the Comprehensive Liability insurance policy referred to in (a) immediately above via
a specific endorsement) and requiring thirty (30) days written notice of policy lapse or cancellation,
or of a material change in policy terms.
E. Assignment
Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or
obligations of CONSULTANT under this Agreement may be assigned or subcontracted by
CONSULTANT without the prior written consent of CITY, which CITY may withhold in its sole
and absolute discretion.
F. State and Federal Taxes
As CONSULTANT is not CITY’S employee, CONSULTANT shall be responsible for paying all
required state and federal taxes. Without limiting the foregoing, CONSULTANT acknowledges
and agrees that:
• CITY will not withhold FICA (Social Security) from CONSULTANT’S
payments;
• CITY will not make state or federal unemployment insurance contributions on
CONSULTANT’S behalf;
• CITY will not withhold state or federal income tax from payment to
CONSULTANT;
• CITY will not make disability insurance contributions on behalf of
CONSULTANT;
• CITY will not obtain workers’ compensation insurance on behalf of
CONSULTANT.
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ARTICLE 6. OBLIGATIONS OF CITY
A. Cooperation of City
CITY agrees to respond to all reasonable requests of CONSULTANT and provide access, at
reasonable times following receipt by CITY of reasonable notice, to all documents reasonably
necessary to the performance of CONSULTANT’S duties under this Agreement.
B. Assignment
CITY may assign this Agreement or any duties or obligations thereunder to a successor
governmental entity without the consent of CONSULTANT. Such assignment shall not release
CONSULTANT from any of CONSULTANT’S duties or obligations under this Agreement.
ARTICLE 7. TERMINATION OF AGREEMENT
A. Sale of Consultant’s Business/ Death of Consultant.
CONSULTANT shall notify CITY of the proposed sale of CONSULTANT’s business no later
than thirty (30) days prior to any such sale. CITY shall have the option of terminating this
Agreement within thirty (30) days after receiving such notice of sale. Any such CITY termination
pursuant to this Article 7.A shall be in writing and sent to the address for notices to
CONSULTANT set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after CITY’
receipt of such notice of sale.
If CONSULTANT is an individual, this Agreement shall be deemed automatically terminated
upon death of CONSULTANT.
B. Termination by City for Default of Consultant
Should CONSULTANT default in the performance of this Agreement or materially breach any of
its provisions, CITY, at CITY’S option, may terminate this Agreement by giving written
notification to CONSULTANT. For the purposes of this section, material breach of this
Agreement shall include, but not be limited to the following:
1. CONSULTANT’S failure to professionally and/or timely perform any of the
services contemplated by this Agreement.
2. CONSULTANT’S breach of any of its representations, warranties or covenants
contained in this Agreement.
CONSULTANT shall be entitled to payment only for work completed in accordance with the
terms of this Agreement through the date of the termination notice, as reasonably determined by
CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for
the tasks described on Exhibit C” which have been fully, competently and timely rendered by
CONSULTANT. Notwithstanding the foregoing, if CITY terminates this Agreement due to
CONSULTANT’S default in the performance of this Agreement or material breach by
CONSULTANT of any of its provisions, then in addition to any other rights and remedies CITY
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may have, CONSULTANT shall reimburse CITY, within ten (10) days after demand, for any and
all costs and expenses incurred by CITY in order to complete the tasks constituting the scope of
work as described in this Agreement, to the extent such costs and expenses exceed the amounts
CITY would have been obligated to pay CONSULTANT for the performance of that task pursuant
to this Agreement.
C. Termination for Failure to Make Agreed-Upon Payments
Should CITY fail to pay CONSULTANT all or any part of the compensation set forth in Article 4
of this Agreement on the date due, then if and only if such nonpayment constitutes a default under
this Agreement, CONSULTANT, at the CONSULTANT’S option, may terminate this Agreement
if such default is not remedied by CITY within thirty (30) days after demand for such payment is
given by CONSULTANT to CITY.
D. Transition after Termination
Upon termination, CONSULTANT shall immediately stop work, unless cessation could
potentially cause any damage or harm to person or property, in which case CONSULTANT shall
cease such work as soon as it is safe to do so. CONSULTANT shall incur no further expenses in
connection with this Agreement. CONSULTANT shall promptly deliver to CITY all work done
toward completion of the services required hereunder, and shall act in such a manner as to facilitate
any the assumption of CONSULTANT’s duties by any new consultant hired by the CITY to
complete such services.
ARTICLE 8. GENERAL PROVISIONS
A. Amendment & Modification
No amendments, modifications, alterations or changes to the terms of this Agreement shall be
effective unless and until made in a writing signed by both parties hereto.
B. Americans with Disabilities Act of 1990
Throughout the term of this Agreement, the CONSULTANT shall comply fully with all applicable
provisions of the Americans with Disabilities Act of 1990 (“the Act”) in its current form and as it
may be amended from time to time. CONSULTANT shall also require such compliance of all
subcontractors performing work under this Agreement, subject to the prohibition against
assignment and subcontracting contained in Article 5 above. The CONSULTANT shall defend
with counsel acceptable to CITY, indemnify and hold harmless the CITY OF GILROY, its
officers, employees, agents and representatives from and against all suits, claims, demands,
damages, costs, causes of action, losses, liabilities, expenses and fees, including without limitation
reasonable attorneys’ fees, that may arise out of any violations of the Act by the CONSULTANT,
its subcontractors, or the officers, employees, agents or representatives of either.
C. Attorneys’ Fees
If any action at law or in equity, including an action for declaratory relief, is brought to enforce or
interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable
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attorneys’ fees, which may be set by the court in the same action or in a separate action brought
for that purpose, in addition to any other relief to which that party may be entitled.
D. Captions
The captions and headings of the various sections, paragraphs and subparagraphs of the Agreement
are for convenience only and shall not be considered nor referred to for resolving questions of
interpretation.
E. Compliance with Laws
The CONSULTANT shall keep itself informed of all State and National laws and all municipal
ordinances and regulations of the CITY which in any manner affect those engaged or employed in
the work, or the materials used in the work, or which in any way affect the conduct of the work,
and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over
the same. Without limiting the foregoing, CONSULTANT agrees to observe the provisions of the
Municipal Code of the CITY OF GILROY, obligating every contractor or subcontractor under a
contract or subcontract to the CITY OF GILROY for public works or for goods or services to
refrain from discriminatory employment or subcontracting practices on the basis of the race, color,
sex, religious creed, national origin, ancestry of any employee, applicant for employment, or any
potential subcontractor.
F. Conflict of Interest
CONSULTANT certifies that to the best of its knowledge, no CITY employee or office of any
public agency interested in this Agreement has any pecuniary interest in the business of
CONSULTANT and that no person associated with CONSULTANT has any interest that would
constitute a conflict of interest in any manner or degree as to the execution or performance of this
Agreement.
G. Entire Agreement
This Agreement supersedes any and all prior agreements, whether oral or written, between the
parties hereto with respect to the rendering of services by CONSULTANT for CITY and contains
all the covenants and agreements between the parties with respect to the rendering of such services
in any manner whatsoever. Each party to this Agreement acknowledges that no representations,
inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone
acting on behalf of any party, which are not embodied herein, and that no other agreement,
statement or promise not contained in this Agreement shall be valid or binding.
No other agreements or conversation with any officer, agent or employee of CITY prior to
execution of this Agreement shall affect or modify any of the terms or obligations contained in
any documents comprising this Agreement. Such other agreements or conversations shall be
considered as unofficial information and in no way binding upon CITY.
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H. Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of
California without regard to the conflict of laws provisions of any jurisdiction. The exclusive
jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and
federal courts located in Santa Clara County, California.
I. Notices
Any notice to be given hereunder by either party to the other may be effected either by personal
delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested.
Mailed notices shall be addressed to the parties at the addresses appearing in Exhibit “A”, Section
V.H. but each party may change the address by written notice in accordance with this paragraph.
Notices delivered personally will be deemed delivered as of actual receipt; mailed notices will be
deemed delivered as of three (3) days after mailing.
J. Partial Invalidity
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void
or unenforceable, the remaining provisions will nevertheless continue in full force without being
impaired or invalidated in any way.
K. Time of the Essence
All dates and times referred to in this Agreement are of the essence.
L. Waiver
CONSULTANT agrees that waiver by CITY of any one or more of the conditions of performance
under this Agreement shall not be construed as waiver(s) of any other condition of performance
under this Agreement.
Executed at Gilroy, California, on the date and year first above written.
CONSULTANT: CITY:
GILROY CHAMBER OF COMMERCE CITY OF GILROY
By: By:
Name: Mark Turner Name: Jimmy Forbis
Title: President/Chief Executive Officer Title: City Administrator
Social Security or Taxpayer
Identification Number
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Approved as to Form ATTEST:
City Attorney City Clerk
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EXHIBIT “A”
SPECIFIC PROVISIONS
I. PROJECT MANAGER
CONSULTANT shall provide the services indicated on the attached Exhibit “B”, Scope of
Services (“Services”). (All exhibits referenced are incorporated herein by reference.) To
accomplish that end, CONSULTANT agrees to assign the President/CEO, who will act in the
capacity of Project Manager, and who will personally direct such Services.
Except as may be specified elsewhere in this Agreement, CONSULTANT shall furnish all
technical and professional services including labor, material, equipment, transportation,
supervision and expertise to perform all operations necessary and required to complete the Services
in accordance with the terms of this Agreement.
II. NOTICE TO PROCEED/COMPLETION OF SERVICE
A. NOTICE TO PROCEED
CONSULTANT shall commence the Services upon delivery to CONSULTANT of a written
“Notice to Proceed”, which Notice to Proceed shall be in the form of a written communication
from designated City contact person(s). Notice to Proceed may be in the form of e-mail, fax or
letter authorizing commencement of the Services. For purposes of this Agreement, the City
Administrator shall be the designated City contact person(s). Notice to Proceed shall be deemed
to have been delivered upon actual receipt by CONSULTANT or if otherwise delivered as
provided in the Section V.H. (“Notices”) of this Exhibit “A”.
B. COMPLETION OF SERVICES
When CITY determines that CONSULTANT has completed all of the Services in accordance with
the terms of this Agreement, CITY shall give CONSULTANT written Notice of Final Acceptance,
and CONSULTANT shall not incur any further costs hereunder. CONSULTANT may request
this determination of completion when, in its opinion, it has completed all of the Services as
required by the terms of this Agreement and, if so requested, CITY shall make this determination
within two (2) weeks of such request, or if CITY determines that CONSULTANT has not
completed all of such Services as required by this Agreement, CITY shall so inform
CONSULTANT within this two (2) week period.
III. PROGRESS SCHEDULE
The schedule for performance and completion of the Services will be as set forth in the attached
Exhibit “C”.
IV. PAYMENT OF FEES AND DIRECT EXPENSES
Payments shall be made to CONSULTANT as provided for in Article 4 of this Agreement.
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Direct expenses are charges and fees not included in Exhibit “B”. CITY shall be obligated to pay
only for those direct expenses which have been previously approved in writing by CITY.
CONSULTANT shall obtain written approval from CITY prior to incurring or billing of direct
expenses.
Copies of pertinent financial records, including invoices, will be included with the submission of
billing(s) for all direct expenses.
V. OTHER PROVISIONS
A. STANDARD OF WORKMANSHIP
CONSULTANT represents and warrants that it has the qualifications, skills and licenses necessary
to perform the Services, and its duties and obligations, expressed and implied, contained herein,
and CITY expressly relies upon CONSULTANT’S representations and warranties regarding its
skills, qualifications and licenses. CONSULTANT shall perform such Services and duties in
conformance to and consistent with the standards generally recognized as being employed by
professionals in the same discipline in the State of California.
Any plans, designs, specifications, estimates, calculations, reports and other documents furnished
under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for
acceptance shall be a product of neat appearance, well-organized, technically and grammatically
correct, checked and having the maker and checker identified. The minimum standard of
appearance, organization and content of the drawings shall be that used by CITY for similar
purposes.
B. RESPONSIBILITY OF CONSULTANT
CONSULTANT shall be responsible for the professional quality, technical accuracy, and the
coordination of the Services furnished by it under this Agreement. CONSULTANT shall not be
responsible for the accuracy of any project or technical information provided by the CITY. The
CITY’S review, acceptance or payment for any of the Services shall not be construed to operate
as a waiver of any rights under this Agreement or of any cause of action arising out of the
performance of this Agreement, and CONSULTANT shall be and remain liable to CITY in
accordance with applicable law for all damages to CITY caused by CONSULTANT’S negligent
performance of any of the services furnished under this Agreement.
C. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT
CITY, through its authorized employees, representatives or agents, shall have the right, at any and
all reasonable times, to audit the books and records (including, but not limited to, invoices,
vouchers, canceled checks, time cards, etc.) of CONSULTANT for the purpose of verifying any
and all charges made by CONSULTANT in connection with this Agreement. CONSULTANT
shall maintain for a minimum period of three (3) years (from the date of final payment to
CONSULTANT), or for any longer period required by law, sufficient books and records in
accordance with standard California accounting practices to establish the correctness of all charges
submitted to CITY by CONSULTANT, all of which shall be made available to CITY at the CITY’s
offices within five (5) business days after CITY’s request.
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D. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not
limited to, computer data and source code), drawings, descriptions, documents, discussions or
other information developed or received by or for CONSULTANT and all other written and oral
information developed or received by or for CONSULTANT and all other written and oral
information submitted to CONSULTANT in connection with the performance of this Agreement
shall be held confidential by CONSULTANT and shall not, without the prior written consent of
CITY, be used for any purposes other than the performance of the Services, nor be disclosed to an
entity not connected with the performance of the such Services. Nothing furnished to
CONSULTANT which is otherwise known to CONSULTANT or is or becomes generally known
to the related industry (other than that which becomes generally known as the result of
CONSULTANT’S disclosure thereof) shall be deemed confidential. CONSULTANT shall not
use CITY’S name or insignia, or distribute publicity pertaining to the services rendered under this
Agreement in any magazine, trade paper, newspaper or other medium without the express written
consent of CITY.
E. NO PLEDGING OF CITY’S CREDIT.
Under no circumstances shall CONSULTANT have the authority or power to pledge the credit of
CITY or incur any obligation in the name of CITY.
F. OWNERSHIP OF MATERIAL.
All material including, but not limited to, computer information, data and source code, sketches,
tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps,
calculations, photographs, reports and other material developed, collected, prepared (or caused to
be prepared) under this Agreement shall be the property of CITY, but CONSULTANT may retain
and use copies thereof subject to Section V.D of this Exhibit “A”.
CITY shall not be limited in any way in its use of said material at any time for any work, whether
or not associated with the City project for which the Services are performed. However,
CONSULTANT shall not be responsible for, and City shall indemnify CONSULTANT from,
damages resulting from the use of said material for work other than PROJECT, including, but not
limited to, the release of this material to third parties for work other than on PROJECT.
G. NO THIRD PARTY BENEFICIARY.
This Agreement shall not be construed or deemed to be an agreement for the benefit of any third
party or parties, and no third party or parties shall have any claim or right of action hereunder for
any cause whatsoever.
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H. NOTICES.
Notices are to be sent as follows:
CITY: City Administrator
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
CONSULTANT: President/CEO
Gilroy Chamber of Commerce
7471 Monterey Street
Gilroy, CA 95020
I. FEDERAL FUNDING REQUIREMENTS.
If the box to the left of this sentence is checked, this Agreement involves federal
funding and the requirements of this Section V.I. apply.
If the box to the left of this sentence is checked, this Agreement does not involve
federal funding and the requirements of this Section V.I. do not apply.
1. DBE Program
CONSULTANT shall comply with the requirements of Title 49, Part 26, Code of Federal
Regulations (49 CFR 26) and the City-adopted Disadvantaged Business Enterprise programs.
2. Cost Principles
Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable cost
for individual items.
3. Covenant against Contingent Fees
The CONSULTANT warrants that he/she has not employed or retained any company or person,
other than a bona fide employee working for the CONSULTANT, to solicit or secure this
Agreement, and that he/she has not paid or agreed to pay any company or person, other than a
bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other
consideration, contingent upon or resulting from the award or formation of this Agreement. For
breach or violation of this warranty, the Local Agency shall have the right to annul this Agreement
without liability or, at its discretion, to deduct from the agreement price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or
contingent fee.
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EXHIBIT “B”
SCOPE OF SERVICES
The Gilroy Chamber of Commerce shall undertake marketing and economic activities on behalf
of the City of Gilroy. The activities shall include the following:
1. Manage Economic Development marketing and advertising programs in conjunction with
strategic partners to enhance economic development inquiries and increase opportunities to attract
businesses to Gilroy.
2. Attend industry tradeshows with City’s economic development team to promote Gilroy as a
business destination.
3. Partner with the City’s economic development team to do “hand-offs” of those businesses the
Chamber attract to Gilroy.
4. Track existing inventory of available buildings and business sites within the community
including public and private buildings and land areas.
5. Assist the City with facilitating grant programs for the business community.
6. Create a collaborative workforce development program between education and industry to give
middle school, high school, and college students an opportunity to gain insights into career
pathways to:
• Understand the short-term and long-term needs of Gilroy’s business community.
• Coordinate efforts between GUSD, Gavilan College, the County of Santa Clara and other
agencies to improve workforce training and job opportunities.
• Provide opportunities for businesses and local organizations to participate in students’
career exploration.
• Develop internship and apprenticeship programs.
7. Report quarterly to the City Council on performance information related to all the above.
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EXHIBIT “C”
MILESTONE SCHEDULE
A quarterly report to the City Council on performance results shall commence with a report of the
fourth quarter of calendar year 2022, then each subsequent quarter for the duration of this
agreement.
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EXHIBIT “D”
PAYMENT SCHEDULE
Payments shall be made upon an invoice from the Gilroy Chamber of Commerce.
Invoices shall be issued quarterly to the City of Gilroy for $12,500 per quarter, to fund each
of the below amounts proportionately, for the first year of the term.
Beginning 2nd year of the term, July 1, 2023, and annually thereafter, the initial contribution
of $50,000 shall be adjusted by the change in the annual Consumer Price Index for the calendar year
prior, in the Bureau of Labor Statistics Series CUURS49BSA0, and the amoun t shall be billed via
quarterly invoices. The increase shall be applied proportionately to each of the below funding
categories for the specific actions undertaken:
$5,000 - Manage Economic Development marketing and advertising programs in conjunction
with strategic partners.
$6,000 - Attend industry tradeshows with City’s economic development team to promote
Gilroy as a business destination.
$4,000 - Partner with the City’s economic development team to do “hand-offs” of those
businesses the Chamber attract to Gilroy.
$10,000 - Track existing inventory of available buildings and business sites within the
community including public and private buildings and land areas.
$25,000 - Create a collaborative workforce development program between education and
industry to give middle school, high school, and college students an opportunity to gain insights into
career pathways
For assisting the City with facilitating grant programs for the business community, a
percentage of the grant's administration fees, charges or the administrative portion of the dollars
granted will be paid to the Chamber of Commerce. The specific amount will be determined on a case-
by-case basis by the conditions and terms of each individual grant, and the discretion of the City
Administrator, in discussion with the Chamber of Commerce.
Payments shall be net 30 days.
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City of Gilroy
STAFF REPORT
Agenda Item Title: Gilroy Zoning Ordinance Update Progress Report
Meeting Date: August 15, 2022
From: Jimmy Forbis, City Administrator
Department: Community Development Department
Submitted By: Sharon Goei, Community Development Director
Prepared By: Kraig Tambornini, Senior Planner
Strategic Plan Goals
☐ Develop a Financially
Resilient Organization
☐ Ensure Neighborhood
Equity from City
Services
☐ Promote Economic
Development
Activities
☐ Promote Safe,
Affordable Housing for All
☐ Maintain and Improve
City Infrastructure
RECOMMENDATION
Accept the Zoning Ordinance update progress report.
DISCUSSION
Preparation of an updated zoning code was initiated following adoption of the 2040
General Plan in November of 2020. The update is necessary to implement the new
policies and programs that are found in the 2040 General Plan. In addition, the update
will need to be reviewed for compliance with current State zoning and housing laws and
there is an effort to develop a format that is more user-friendly.
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The City’s consultant, Mintier-Harnish, and City staff began this effort in November
2020, following the adoption of the 2040 General Plan. The following actions have been
completed to date:
➢ On December 6, 2021, staff informed the Council that two of the eight sections of the
document (Articles) had been reviewed by City staff and returned to the consultant
to incorporate edits. It was estimated at that time that the new code would be ready
for review and adoption by the end of 2022.
➢ As of June 2022, staff has reviewed four of the eight articles and provided comments
to the consultant to finalize and incorporate edits. Sign standards in Article III are still
being reviewed by staff.
➢ In July 2022, the Consultant submitted drafts of Articles 6 and 7 for review. Staff
continues to review and will spend the focus time to carefully review the drafts
submitted by the consultant since comments have been extensive.
The zoning code is a complex and comprehensive set of land use laws and the review
of the drafts provided by the Consultant to date have involved multiple parties, including
internal City departments in addition to review by the City Attorney’s office. Comments
and edits provided have been comprehensive and extensive, which has highlighted and
emphasized the need for this on-going comprehensive and coordinated review. In
response to public comments and Council feedback regarding issues that have come to
the forefront of the City’s attention, staff has directed the consultant to develop draft
standards on uses that include a drive-through, especially for those uses in the vicinity
of residential uses and draft noise thresholds.
Updated Review Status
The following table summarizes the review status of each Article (the current Article that
is being replaced is noted in italics).
In addition, the table briefly summarizes how noise and drive-through standards may be
addressed.
NEW ARTICLE REVIEW STATUS
Article 1 - Enactment and
Applicability
Incorporates current Art.
Article I & II
Review was completed in December 2020.
Article 2 - Zoning and
Land Use Standards
Incorporates current Art. IV
thru XXX
Comments were sent to the consultant in March 2022 with
direction to incorporate further edits.
This Article includes all zoning district standards including
new Mixed Use and Employment Center districts.
Article 3 - Regulations in Staff review was substantially completed in June 2022, with
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NEW ARTICLE REVIEW STATUS
All Zones
Incorporates current Art.
XXXI, XXXII, XXXIV,
XXXVII, XXXVIII, XXIX, XLI
& XLVI
comments sent to consultant to make further edits.
This Article includes performance standards including Noise.
Building, Code Enforcement, and Planning staff have
collaborated on review of the standards and have asked for
nighttime noise thresholds to be included. Noise standards
remain unchanged in all other respects.
The sign standards are still being reviewed by staff. The
intent is to simplify the provisions, assure consistency with
state law, maintain standards for specific uses such as car
dealerships, and provide a flexible and uniform sign program
option for large centers.
Article 4 - Standards for
Specific Land Uses
Incorporates current Art.
XXIII, XXV, XXXVI, XL,
XLI, XLII, XLIV, & LIV
These standards have not been received for staff review.
The Article is currently anticipated to be received in
September.
Staff asked the consultant to recommend new standards for
drive-through uses in this Article. These uses are currently
permitted by right except in downtown. Requirements that
may be considered include:
• CUP review for drive-throughs within 300 feet or less
of residential uses, or
• Prohibit drive-through uses near residential
• Require air quality assessment
• Increase stacking lane requirements
• Require traffic management
Article 5 -
Nonconforming
Regulations
Incorporates current Art.
XLVIII
Staff review was completed in January 2022 and the
consultant is working on revisions. No significant changes
are anticipated.
Article 6 - Permit
Processing Procedures
Incorporates current Art.
XLV, L & LI
Staff received the draft Article in July 2022.
The Article implements all entitlement reviews. Direction has
been given to consolidate minor use reviews, streamline
review of planned development permits in existing PD’s, and
lower review level for selected uses and architectural
reviews. Staff continues a careful review of the draft.
Article 7 – Administration
Incorporates current Art. LII
& LIII
Staff received the draft Article in July 2022. No significant
changes are envisioned. Staff continues a careful review of
the draft.
Article 8 – Definitions Updated definitions have not yet been received for staff
review.
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NEW ARTICLE REVIEW STATUS
Incorporates current Art. II New and expanded definitions are expected to provide more
clarity. Some land use definitions were reviewed with Article
2.
A draft of this Article is expected in September.
Zoning Map
This has not yet been submitted to staff for review. In
addition to implementing the Mixed Use and Employment
Center, some minor zoning map corrections are needed.
The Draft Zoning Map will be provided for internal review
once all zoning codes are near their final form and have
been substantially completed. This will help minimize the
duplication of efforts.
Updated Completion Timeframe
As there have been a significant number (and the comprehensive nature) of comments
on the draft zoning codes has extended the anticipated timeline that staff expects will be
needed to complete the comprehensive Zoning update. It should be noted, that there is
no hard deadline for completion of the zoning code update, thus staff continues to
prioritize other department workplan items that have time -specific requirements, most
notably the housing element update.
The draft zoning code update is expected to be completed in spring of 2023.
Once the internal review of the draft zoning regulations is complete, the process will
proceed as follows:
1. Final draft of the comprehensive zoning code (all Articles) and zoning map will be
submitted to staff by the consultant to check fo r any errors, omissions, and
verification of internal consistency, along with a review for compliance with State
land use regulations.
2. The draft ordinance document and map will be released for public review and
comment. This will include public meetings with the Planning Commission and
City Council.
3. The consultant will finalize edits in response to comments and direction provided
at these meetings.
4. The final ordinance document and map will be scheduled for hearing by the
Planning Commission and then for consideration of adoption by the City Council.
These final steps are projected to take approximately six months.
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Page 1 of 12
CITY OF GILROY
PARKS OR RECREATION FACILITIES NAMING,
COMMUNITY AND MEMORIAL CONTRIBUTION, AND
GIFT AND SPONSORSHIP POLICY
DEFINITIONS AND METHODS OF RECOGNITION
A) Definitions
Donations/gifts: Funds, equipment, materials or services given to the City without
expectation of a significant return or recognition.
Memorial: A physical feature intended to honor a deceased person. The primary
intent of a memorial is not to recognize social contributions, importance, or historic
significance, though the person being memorialized may also have such
significance. May take various forms such as:
¾ Site furnishings, benches, trees, drinking fountains
¾ Monuments
¾ Donations of significant improvements i.e. a picnic area in memory of an
individual
Recognitions, Tributes & Commemorations: Requests to honor or commemorate
significant community contributions. Naming or dedication of a facility or distinct
feature of a facility after a person or an event is a typical form of recognition, i.e.
DeBell-Uvas Preserve.
Corporate Sponsorship: The temporary or permanent naming of a facility or
feature of a facility in exchange for significant donations from a for-profit corporation
or business.
Gifting Sponsorship: The temporary or permanent naming of a facility or feature of
a facility in exchange for significant donations from individuals, groups, families or
non-profit organizations.
Historical Recognitions: A recognition or tribute that honors a person, place or
event of historical nature. This includes:
a. Identification of places that are registered or designated historical by the State
of California;
b. Commemorating an event that changed or influenced the course of history, i.e.
a battle;
c. Identification of places of local historic significant, though not registered or
designated as historic by the State of California;
d. Recognition of historically significant individuals.
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B) Methods of Recognizing Donations and Memorials
Commemorative Naming: A means of accomplishing memorial recognition, typically for the
purpose of acknowledging extraordinary civic contributions and dedication.
x Naming of a park or recreation facility or building
x Naming of a distinct feature within a park or recreation or building (i.e. sports field,
play area)
Sponsorship Naming: Naming a facility or feature after an individual, business,
organization or corporation in recognition of major donor contributions. Typically the
sponsorship is done for a specified time period, such as 10 years, after which, the
facility will be eligible for re-naming.
Monuments: A physical structure that is erected as a memorial, recognition, or gift
acknowledgement. Monuments are generally intended to be visible and obvious to
draw the attention of visitors or passing individuals.
Plaques: Size is no larger than 1 sq. ft., is typically placed on an object, or placed on a
concrete base flush with ground or elevated no more than 4” above ground. Plaques
are intended to be inconspicuous and to blend in seamlessly with the surrounding
environment. Plaques placed above ground on concrete or on other pedestals, or that
are otherwise conspicuous are considered monuments.
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II.) PARK OR RECREATION FACILITY NAMING POLICY
A) Naming, Renaming of Park or Recreation Facilities or Features
Overview
The use of names based upon distinguishing characteristics, location, or historical usage,
is a long-standing practice for the official naming of public sites and facilities. At the
national level, naming of federal sites is overseen by the U.S. Board on Geographic
Names. Among the key factors considered by the Board is use of names based on
established, historical, and local usage. Not surprisingly, many agencies have adopted
policies that are generally similar to those of the Board on Geographic Names, and which
give priority to names based on geography, location, historical usage, and distinguishing
characteristics.
At the same time, it is recognized that individuals and community organizations
periodically wish to honor individuals or groups by naming park or recreation assets after
them. The policy outlined below was developed to accommodate the desire for
commemorative naming, where warranted, while still supporting the primary community
values.
Policy
x It is the policy of the City to name park or recreation facilities in a manner that will
provide an easy and recognizable reference for the City’s customers. Therefore, first
priority in naming facilities shall be given to geographical location.
x The geographic location may be based on the identification of the facility with a
specific place, neighborhood, major street, or regional area of the City.
x Facilities may also be named based on distinguishing, prominent, natural or geological
features. This may be used in conjunction with a geographical location, for example,
Three Rivers Peak.
x Names in common or historical usage have a secondary priority.
x Names that honor a person who has made a distinct and significant contribution to the
City of Gilroy will be considered in accordance with Section I.B.) Commemorative
Dedications and Names.
x Naming that is done in exchange for major contributions will be considered in
accordance with Section IV, Gift and Sponsorship Policy.
x Conditions of property donation or deed shall be honored regarding name of facility,
although a geographic or characteristic name is preferred.
x Names that are similar to existing park or recreation facilities or properties in the Gilroy
area should be avoided in order to minimize confusion.
x Property type and intended use may be designated in the name.
x Park or recreation facilities named after an individual should include the geographic,
natural, or geological features as part of the name, i.e. DeBell-Uvas Park Preserve
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B) Commemorative Dedications and Names
Overview
The selection of commemorative names must be done in a manner that insures that there
is broad based support for the naming and general acknowledgement that the
contributions of the individual being honored are extraordinary, above and beyond the
norm, and unique in quantity and quality of service. Extreme care and diligence must be
exercised in the application of this policy to insure that the selection of honorees will
withstand the test of time.
If the selection of individuals for commemorative naming or dedication is felt to be
inconsistent or biased, then it could become a divisive force in the community and make
future decisions on naming difficult and shrouded in controversy. It is the goal of this
policy, therefore, to provide consistency in the evaluation of dedication and naming
requests and to insure that this honor is bestowed to individuals in an equitable manner
and based on common criteria. The dedication or commemorative naming of park or
recreation facilities or features will be considered with the following guidelines:
Guidelines:
x Names or dedications that commemorate or may be construed to commemorate living
persons will not be considered, except at the discretion of the City Council.
x The person being honored must be deceased at least one year before a
commemorative dedication or naming proposal will be considered.
x The individual/organization must have demonstrated outstanding achievements,
contributions to the community, and enrichment of the City. The contribution of the
person being honored must have been uncompensated, extraordinary, significant, and
unique, setting this individual apart from others who contributed to the community.
This may be evident by documented history such as articles in newspapers
recognizing the individual’s contributions or previously received recognitions and
awards.
x The person being honored by the dedication or naming should have had a direct and
long term association with the feature or facility.
¾ Early or long-time settler –20 or more years
¾ Developer of the designated feature
¾ Restorer or maintainer of the feature
¾ Donor of the land to the City of Gilroy
¾ Person who played a large part in protecting the land or feature for public benefit
¾ Person who played a large part in providing community services through the
feature or facility
x Contribution to the community was through our park or recreation system or programs.
x Contributions to the park or recreation system were sustained over a long period of
time.
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x The named resource is pertinent to, or representative of, the individual’s contribution.
x The proposal to commemorate an individual should contain evidence of broad based
local support for the proposed name and its application, such as letters, editorials, and
petitions.
x The costs of plaques, monuments, and replacement of signs resulting from, or done in
conjunction with the dedication or commemorative naming will be borne by the
individual, group, or organization sponsoring the request
C) Procedure to Request Naming or Renaming or Commemorative Dedications of
Park or Recreation Facilities
1. New Park or Recreation Facilities:
Naming of new parks or recreation facilities will be done through a community outreach
process that provides opportunity for Gilroy’s residents to provide suggestions and
input. Citizens may suggest the commemorative naming of a new park through this
process.
a) Whenever possible, the naming of a new facility should occur in conjunction with the
Master Plan process for that facility
b) The City will publicize the naming opportunity broadly including posting on the
Channel 17, the City’s web page, and in local newspapers. The opportunity to name
the facility will also be discussed during the community meetings for design of the
facility.
c) Nominations for names will be submitted to Community Services Director on the
Park Naming Nomination form
d) The Director and staff will review the nominations for compliance with the Cit y’s Park
or Recreation Facility Naming Policy
e) Nominations that are found to be in compliance with the Park or Recreation Facility
Naming Policy will be forwarded to Park and Recreation Commission for review and
recommendation
f) The Parks and Recreation Commission will make a recommendation to Council
based on their review of the nominations.
g) The recommended name will be forwarded to the City Council for their review and
consideration. This may be done in conjunction with the approval of the facility
Master Plan. Approval, modification, or denial of the proposed name is within the
sole discretion of the City Council.
2. Re-naming of Existing Facilities and Features for Commemorative purposes
a) Applicant will complete the Commemorative Dedication and Names Application and
submit to the Community Services Director.
b) Application shall include documentation of contributions of the person being honored
c) Application shall include letters of support, articles, and similar documents which
demonstrate broad based community support for re-naming
d) The Director and staff will review the Commemorative Dedication and Names
Application and determine if complies with the City’s Park or Recreation Facility
Naming Policy.
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e) If the application is found to be consistent with the City’s policy, it will be forwarded
to the Parks and Recreation Commission for their review
f) Applications that are determined by the Director to incomplete, without sufficient
documentation, or otherwise inconsistent with the City’s policy will be returned to t he
applicant with a letter explaining the reasons for rejection. The applicant may
resubmit the name request with new or additional information that brings the request
into compliance with the City’s policy.
g) The Community Services Director will submit the commemorative re-naming request
to the Parks and Recreation Commission for their review.
h) The Parks and Recreation Commission will make a recommendation to Council
based on their review of the application.
i) The recommended name will be forwarded to the City Council for their review and
consideration.
j) All decisions with respect to facility naming will be at the sole discretion of the City
Council, which may choose not to grant any naming rights or recognitions for
facility or feature of a facility. Approval, modification, or denial of the proposed name
is within the sole discretion of the City Council.
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Packet Pg. 611 Attachment: Letters of Support (3860 : Rename Gilroy Museum's Research Room after Claudia Salewske)
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Guest column by Kat Teraji: Gilroy friends
fondly remember beloved teacher
PreviousNext
Kat Teraji
Local woman wrote de�nitive books on Gilroy history
Published in the February 22 – March 7, 2017 issue of Gilroy Life
“Claudia made us feel comfortable, like we belonged, from the �rst moment we
were in the youth group. That’s not easy to do with teenagers. She was safe and
fun at the same time. Even after high school, she remained someone we could talk
to. She would listen and only give advice if it was asked for … she was a steadfast
source of support, strength and love for most of our lives.”
These words of remembrance came from Katie Long Handelman, who 35 years ago
belonged to a church youth fellowship led by Claudia Salewske and her husband
Mike. They are part of the many expressions of appreciation that have �ooded in
since Claudia died Christmas Day.
In her nearly 40 years as a Gilroy resident and member of the Gilroy United Methodist Church, the love,
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Packet Pg. 618 Attachment: Guest column by Kat Teraji Gilroy friends fondly remember beloved teacher - Gilroy Life (3860 : Rename Gilroy Museum's
Photo courtesy Kat Teraji Claudia
Salewske arranges �owers for a
memorial for a friend.
acceptance, and compassion expressed by Claudia reached into
every corner of our community — volunteering with the Gilroy
Historical Society, visiting the sick and injured, heading a team to
feed the homeless, providing school supplies for migrant
children. She wrote thousands of notes of support and
encouragement to friends, family, neighbors, colleagues, church
members and students.
Fellow member of Gilroy’s historic 119-year-old Freely Received,
Freely Given Book and Study Club, Sue Pate Ball recalls: “Claudia
was the very best of people. Believe me, if you needed help of
any kind, she was there for you. She took care of lots of people.
She would provide food, transportation, a shoulder to cry on, all
with a smile and maybe a giggle.”
She often spoke about the joy of working with her partner in the
Vision Literacy Program, Valentino Quistian. After one of their
lively sessions, she said, “He has so much courage and patience and has made such steady, good
progress over the nearly four years we’ve been working together. He’s anxious to progress further, so that
made this a very great day.”
Claudia taught English and American literature at Gilroy High School. She also was the California
Scholarship Federation advisor. Susan Freiberg, who worked with Claudia at GHS, said: “Claudia’s
expertise and passion for writing helped our school create writing across the curriculum for all
departments, which had a lasting impact on our graduates.”
Janie Gillespie of GHS said: “She made colleagues and students alike just happy to be around her as she
treated all like they were the most important person in the room.” Students fondly recall how she
corrected everything in green ink, so as not to leave big “red marks” everywhere.
At San Jose State University, she taught English composition, children’s literature and technical writing.
She also supervised student teachers. Believing that history “informs the present and assists in decision-
making for the future,” as she put it, Claudia developed the third-grade local history curriculum, which
led to her writing in 1982 “Pieces of the Past” and in 2003 “Gilroy,” the de�nitive history of Gilroy, as part
of Arcadia Publishing’s series, “Images of America.” Most recently Claudia was invaluable in helping to
select the photos for the new downtown historical placards along the Gilroy Historic Paseo.
Her enthusiasm for music led her to collaborate in forming a local women’s singing sextuplet called
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Packet Pg. 619 Attachment: Guest column by Kat Teraji Gilroy friends fondly remember beloved teacher - Gilroy Life (3860 : Rename Gilroy Museum's
Share This Story, Choose Your
Platform!
“Spirit Sisters.” Her adeptness for interpreting lyrics and contributing sweet harmonies made her an
absolute joy for members to sing with.
When her friend Nancy Moncada Blanco was going through one of the most dif�cult times in her life,
Claudia wrote an encouraging message to her that Nancy has carried in her purse:
“There’s a beautiful thought from a Persian poet of the 13th century named Nizami, which has helped me
get through some rough times in my life. Nizami tells us this: ‘In times of adversity be not without
hope…for crystal rain falls from the blackest of clouds.’ To me, the ‘crystal’ is like a prism, and through it
the sunlight breaks out of the ‘black clouds’ we sometimes have to deal with in many rainbows. You
know of God’s promise to Noah and to all human life that His rainbows will always let us know that he is
watching over us. And so He is watching over you, Nancy. Always remember this…and remember too that
we all love you and want your happiness.”
Claudia liked to share this favorite quote by Joan Wester Anderson: “We can all be angels to one another.
We can choose to obey the still small stirring within, the little whisper that says, ‘Go. Ask. Reach out. Be
an answer to someone’s plea. You have a part to play. Have faith.’”
Spirit Sister Cheryl McElroy summed up Claudia’s impact: “We have walked with an angel for a very brief
time.”
Kat Teraji wrote this guest column with help from Connie Rogers.
Author Recent Posts
Marty Cheek
Publisher at Gilroy Life
Marty Cheek is the publisher of Morgan Hill Life and Gilroy Life. He is also the co-author with
Congressman Jerry McNerney of the book Clean Energy Nation: Freeing America From the Tyranny
of Fossil Fuels. Email: marty@gilroylife.com Phone: (408) 782-7575
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Packet Pg. 620 Attachment: Guest column by Kat Teraji Gilroy friends fondly remember beloved teacher - Gilroy Life (3860 : Rename Gilroy Museum's
Proclamation of the City of Gilroy
Whereas, Claudia Kendall Salewske was the author two well-known books
about Gilroy history: Gilroy (2003) and Pieces of the Past (1982); and
Whereas, Mrs. Salewske developed the third grade local history curriculum for
Gilroy Unified School District in the early 1980s that is still being used today; and
Whereas, Mrs. Salewske taught English and American literature at Gilroy
High School for several years and was the advisor to the California Scholarship
Federation. At Gilroy High School her expertise and passion for writing helped the
high school create writing across the curriculum in all departments, which had a lasting
impact on many graduates; and
Whereas, Mrs. Salewske later taught English composition, children’s
literature and technical writing at San Jose State University for several years. There
she also supervised student teachers; and
Whereas, for the last seven years Mrs. Salewske was a volunteer at the Gilroy
Museum and helped select the photos for the history-themed paseo in downtown Gilroy.
She was a pillar of support to both the Gilroy Historical Society and the Gilroy
Museum; and
Whereas, Mrs. Salewske was an exemplary citizen of greater Gilroy for nearly
forty years, a friend and inspiring mentor to many, whose friendly gracious manner
showed compassion, encouragement and support to all she met.
NOW, THEREFORE, I, Roland Velasco, Mayor of the City of Gilroy,
on behalf of the entire City Council, do hereby wish to recognize
CLAUDIA KENDALL SALEWSKE
for her many contributions and dedicated service to our fine City.
Mayor Roland Velasco
May 15, 2017
11.2.d
Packet Pg. 621 Attachment: Claudia's Proclamation (3860 : Rename Gilroy Museum's Research Room after Claudia Salewske)
City of Gilroy
STAFF REPORT
Agenda Item Title: Adoption of an Ordinance approving a Planned Unit
Development Zoning Amendment (Z 21-04) for property
located on Gurries Drive (APN: 790-35-038, 039, & 054)
Meeting Date: August 15, 2022
From: Jimmy Forbis, City Administrator
Department: Community Development Department
Submitted By: Sharon Goei, Community Development Director
Prepared By: Cindy McCormick, Customer Service Manager
Strategic Plan Goals
☐ Develop a Financially
Resilient Organization
☐ Ensure Neighborhood
Equity from City
Services
☐ Promote Economic
Development
Activities
☐ Promote Safe,
Affordable Housing for All
☐ Maintain and Improve
City Infrastructure
RECOMMENDATION
Adopt the second reading of an ordinance appr oving a Planned Unit Development
Zoning Amendment on property currently located on Gurries Drive, identified as
assessor parcel numbers 790-35-038, 039, and 054 (file number Z 21-04).
ANALYSIS
At the August 1, 2022 Regular Meeting, the City Council considered and introduced an
Ordinance approving a Planned Unit Development Zoning Amendment on property
currently located on Gurries Drive, identified as assessor parcel numbers 790 -35-038,
039, and 054 (file number Z 21-04). The Council motioned to read the Ordinance by title
11.3
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only, waived further reading of the Ordinance, and then introduced the Ordinance (7-0-0
vote). No modifications to the draft Ordinance were proposed by the Council.
Council is now asked to adopt the Ordinance consistent with its August 1, 2022 action.
The Ordinance will take effect thirty (30) days from the date of Council action.
Attachments:
1. Vicinity Map
2. August 1, 2022 Staff Report
3. Proposed Ordinance
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City of Gilroy
STAFF REPORT
Agenda Item Title: Consideration of Formal Council Position On the Proposed
Sargent Ranch Quarry Project in South Santa Clara County
Meeting Date: August 15, 2022
From: Jimmy Forbis, City Administrator
Department: Community Development Department
Submitted By: Sharon Goei, Community Development Director
Prepared By: Sharon Goei, Community Development Director
Strategic Plan Goals
☐ Develop a Financially
Resilient Organization
☐ Ensure Neighborhood
Equity from City
Services
☐ Promote Economic
Development
Activities
☐ Promote Safe,
Affordable Housing for All
☐ Maintain and Improve
City Infrastructure
RECOMMENDATION
Council consider adopting a formal position on the proposed Sargent Ranch Quarry
Project in South Santa Clara County.
BACKGROUND
At its meeting on April 4, 2022, the City Council requested that the Draft Environmental
Impact Report (Draft EIR, or DEIR) for the Sargent Ranch Quarry Project be agendized
so that Council would have an opportunity to comment on the document and potentially
take a formal position on the project.
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Brief Project Description
The Sargent Ranch Quarry Project (Project) is a proposed sand and gravel mining
operation that would include construction and operation of ag gregate processing
facilities and related infrastructure such as access/maintenance roads and utilities. The
purpose of the Project is to develop a feasible source of aggregate in close proximity to
the Bay Area to meet regional demand for construction sand.
The Project is located on the Sargent Ranch property, approximately four (4) miles
south of the City of Gilroy, and west of Highway 101, in an unincorporated area of
southern Santa Clara County. See Attachment 1 for the location map. Mining and
processing of the sand and gravel is proposed to take place on approximately 403 acres
of the 5,154-acre Sargent Ranch property.
Mining operations would be conducted in four phases over 30 years. Each phase would
be reclaimed upon completion of mining activities within that phase. At the end of the
Project’s life, final reclamation of the last surface mining phase and the aggregate
processing facility would occur. The Project requires the adoption of a Reclamation Plan
and the issuance of a Conditional Use Permit from Santa Clara County.
This project does not lie within the jurisdiction of the City of Gilroy.
Draft Environmental Impact Report
Santa Clara County has prepared a Draft Environmental Impact Report to evaluate the
Project’s potential for impacts to the environment in accordance with the California
Environmental Quality Act (CEQA) and CEQA Guidelines. On July 22, 2022, Santa
Clara County published the DEIR for the Project for public review. The public comment
period opens on July 25, 2022 and closes on September 26, 2022. The digital DEIR can
be found on the County project website: https://plandev.sccgov.org/policies-
programs/smara/sargent. A hard copy is available at the Gilroy Public Library. Public
comments submitted to the County by September 26, 2022, will be included and
responded to in the Final EIR.
ANALYSIS
The DEIR provides a detailed analysis of the proposed Project’s potentially significant
effect on the environment. Under CEQA, a significant effect on the environment is
defined as a substantial, or potentially substantial, adverse change in any of the
physical conditions within the area affected by the Project.
Based on the analysis in the DEIR, the Project wou ld result in significant impacts in the
following areas: aesthetics, air quality, biological resources, cultural and tribal cultural
resources, geology and soils, paleontological resources, greenhouse gas emissions,
hazards and hazardous materials, hydrology and water quality, and transportation.
11.4
Packet Pg. 625
Consistent with CEQA and CEQA Guidelines, the DEIR describes feasible mitigation
measures to avoid or minimize significant adverse effects of the Project. While the DEIR
has identified mitigation measures to eliminate or reduce some of the impacts to a less-
than-significant level, other impacts remain significant even with the implementation of
mitigation measures and are considered unavoidable adverse impacts of the Project.
Attachment 2 is an excerpt from the DEIR, “Summary of Impacts and Mitigation
Measures,” that provides a summary of the environmental impacts, the significance of
the impacts, proposed mitigation measures if any, and the significance of the impacts
after implementation of the mitigation measures.
Significant and Unavoidable Impacts
Based on the DEIR, the following significant and unavoidable impacts would result from
the Project.
1. Aesthetics: The Project would have a significant and unavoidable impact with
regards to its effect on existing visual character or quality of public views of the
site and its surroundings from U.S. 101, a County-designated scenic highway
(Impact 3.2-1). Mitigation Measure 3.2-1 would lessen the severity of these
impacts but not below the level of significance.
2. Air Quality: The Project would have a significant and unavoidable impact with
regards to its effect on BAAQMD nitrogen oxides (NOx) thresholds and emissions
of air pollutants (NOx, ROG, PM2.5, and PM10). Mitigation Measures 3.3-2a and
3.3-2b would reduce NOx thresholds but emissions of NOx would not be reduced
below significance thresholds for project-specific or cumulative impacts (Impacts
3.3-1, 3.3-2 and 3.3-5).
3. Biological Resources: The Project would have a significant and unavoidable
impact with regards to the Project’s interference with wildlife movement (Impact
3.4-15). Mitigation Measure 3.4-15 would reduce this impact but not below the
thresholds of significance.
4. Cultural and Tribal Cultural Resources: The Project would have a significant
and unavoidable impact with regards to changes in the significance of tribal
cultural resources within the proposed area of development, and the Juristac
(Huris-tak) Tribal Cultural Landscape (Impacts 3.5-4,3.5-5, and 3.5-9). Mitigation
Measures 3.5-1, 3.5-3b, 3.5-4b and 3.5-5b would reduce the severity of these
impacts, but not to a less-than-significant level.
5. Geology, Soils, and Paleontology: The Project would have a significant and
unavoidable impact with regards to the Project’s potential to destroy
paleontological resources important to Santa Clara County (Impact 3.7 -5).
Mitigation Measure 3.7-5 would not reduce impacts to a level of insignificance.
11.4
Packet Pg. 626
6. Transportation: The Project would have a significant and unavoidable impact
with regards to the Project’s generation of additional Vehicle Miles Traveled
(VMT), and no feasible mitigation is identified to reduce the impact (Impact 3.13 -
2).
Irreversible Impacts
An irreversible impact is defined by CEQA Guidelines as an impact that uses
nonrenewable resources during the initial and continuing phases of the project. Based
on the DEIR, buildout of the Project would commit nonrenewable resources during
Project construction and ongoing utility services during Project operations. Some oil,
gas, other fossil fuels, and nonrenewable resources would be consumed during Project
operations and irreversible commitments of small quantities of nonrenewable resources
would occur as a result of long-term Project operations. Irreversible extraction and
consumption of aggregate material mined from the Project site would also occur as a
result of Project operations.
Areas of Concern
The County has identified the primary areas of concerns to include the loss of biological
habitat and compensatory mitigation, and the loss of cultural and tribal cultural
resources, particularly those of importance to the Amah Mutsun Tribe of
Costanoan/Ohlone Indians. Sargent Ranch is an area known as Juristac (Huris-tak) to
the Amah Mutsun Tribal Band. Juristac lies at the heart of the ancestral lands o f the
Amah Mutsun Tribe and is the location of ceremonial and sacred sites.
Options
The City Council has several options to consider regarding commenting on the DEIR
and/or electing to express its position on the Project. Council may take the following
action(s):
• Comment, or decline to comment, on the Draft EIR.
• Indicate support or opposition to the Project, and authorize the Mayor, or
designee, to submit a letter to Santa Clara County.
• Indicate support or opposition to the Project, and direct staff to prepare a
resolution for Council consideration and adoption in September 2022.
• Take no action.
For reference, the Cities of Morgan Hill, Santa Cruz, Santa Clara, and Sunnyvale have
each adopted a resolution in opposition to the Project. The resolutions ar e included as
Attachments 3 through 6.
NEXT STEPS
11.4
Packet Pg. 627
Dependent on Council direction.
PUBLIC OUTREACH
Santa Clara County is the Lead Agency for the Project. Staff of the County’s
Department of Planning and Development is conducting the public outreach ef fort. City
staff has signed up for public notifications about this project.
Attachments:
1. Attachment 1 - Sargent Ranch Location Map
2. Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures
3. City of Morgan Hill Resolution Supporting the Preservation of Sargent
Ranch/Juristac as Open Space
4. City of Santa Cruz Resolution Supporting the Preservation of Sargent
Ranch/Juristac as Open Space
5. City of Santa Clara Resolution Supporting the Preservation of Sargent
Ranch/Juristac as Open Space
6. City of Sunnyvale Resolution Supporting the Preservation of Sargent Ranch/Juristac
as Open Space
7. Correspondence - Rogers, Connie
11.4
Packet Pg. 628
11.4.a
Packet Pg. 629 Attachment: Attachment 1 - Sargent Ranch Location Map (3928 : Consideration of Sargent Ranch Quarry Project and DEIR and provide
Summary
Sargent Quarry S-10 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
Aesthetics
Impact 3.2-1: The Project would alter the visual
character of the Project site or scenic resources
visible from U.S. 101, a County-designated scenic
highway.
Mitigation Measure 3.2-1: Once constructed, the Applicant shall contour the screening berm to resemble
surrounding land features, to the extent possible, and shall plant fast-growing native vegetation. The
screening berm shall either be extended around the northern portion of the processing plant, or fencing and
vegetation shall be used to further screen views of the processing plant from southbound traffic on U.S. 101.
Native vegetation and/or trees shall be planted around the northern portion of the processing plant to further
screen views of the processing plant from viewpoints on southbound U.S. 101 that would not be blocked by
the screening berm. The proposed final design for screening shall be reviewed by the County prior to
construction in order to ensure that views of the processing plant are screened to the extent possible by a
combination of the screening berm, fencing, and vegetation in order to achieve a natural appearance, to the
extent possible.
Significant and Unavoidable
Impact 3.2-2: The Project could introduce a new
source of substantial light or glare.
None required. Less than Significant
Impact 3.2-3: The Project would contribute to
cumulative changes in visual character of public
views from U.S. 101, a County-designated scenic
highway.
Mitigation Measure 3.2-3: Implement Mitigation Measure 3.2-1. Significant and Unavoidable
Impact 3.2-4: The Project could contribute to
cumulative increases in light and glare.
None required. Less than Significant
Air Quality
Impact 3.3-1: The Project would affect
implementation of the applicable air quality plans.
Mitigation Measure 3.3-1: Implement Mitigation Measures 3.3-2a and 3.3-2b, discussed in greater detail
below under Impact 3.3-2.
Significant and Unavoidable
Impact 3.3-2: The Project would emit criteria air
pollutants ozone precursors (NOx and ROG), PM2.5,
and PM10, for which the region is in nonattainment
status.
Mitigation Measure 3.3-2a: The Project Applicant shall require that all off-road mobile equipment and
Applicant-owned trucks powered by diesel used during the construction and operation phases of the Project
meet USEPA Tier 4 engine standards for NOx (i.e., Tier 4 final). If implementation of this requirement is
determined to not be feasible for given piece(s) or model(s) of off-road equipment, the Project Applicant
shall substantiate the reason(s) for infeasibility and shall propose equipment with the next most restrictive
tier status (e.g., Tier 3, Tier 2) and shall submit the documentation to the County of Santa Clara for review
and approval at least 7 days prior to the planned use of the non-Tier 4 equipment.
Mitigation Measure 3.3-2b: The Project Applicant shall develop and implement a comprehensive dust
control plan for Project construction and operation and shall submit the plan to the County Department of
Planning and Development at least 90 days prior to the start of construction for review and approval.
Designate a person to implement and modify the Dust Control Plan as appropriate. The plan shall include
but not be limited to the following elements based on BAAQMD recommended construction mitigation
measures, most of which also apply to Project operations:
1. Water all active unpaved vehicle roadways at least twice a day during dry conditions to ensure that
roadways are damp enough to suppress dust generation;
Significant and Unavoidable
11.4.b
Packet Pg. 630 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-11 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
2. All haul trucks transporting soil or sand off-site shall be covered;
3. Limit vehicle speeds to 15 miles per hour on all unpaved roadways and off-road areas (e.g.,
mining pits);
4. Prevent dirt track out on to public roadways by using wheel washers or other washing methods to
ensure that tires or tracks on all trucks and equipment leaving the site are cleaned of dirt. The use
of dry power sweeping is prohibited;
5. Remove any visible mud or dirt tracked-out onto Old Monterey Road using wet power vacuum
street sweepers at least once per day;
6. Water, cover, or treat (with non-toxic soil stabilizers) exposed stockpiles of fine materials;
7. Water and/or treat inactive exposed soil areas including areas exposed within mining pits, to
minimize dust generation from wind or other ground disturbances;
8. Apply water misting or spraying to all material transfer points, including export truck loading
activities;
9. Post a publicly visible sign with the telephone number and person to contact at the County of
Santa Clara regarding dust complaints. This person shall respond and take corrective action
within 48 hours. The BAAQMD’s phone number shall also be visible to ensure compliance with
applicable regulations;
10. All excavation, grading, and/or demolition activities shall be suspended when average wind
speeds exceed 20 mph;
11. Vegetative ground cover (e.g., fast-germinating native grass seed) shall be planted in disturbed
areas as soon as possible and watered appropriately until vegetation is established;
12. All trucks and equipment, including their tires, shall be washed off prior to leaving the site;
13. Site accesses to a distance of 100 feet from the paved road shall be treated with a 6-to 12-inch
compacted layer of wood chips, mulch, or gravel;
14. Sandbags or other erosion control measures shall be installed to prevent silt runoff to public
roadways from sites with a slope greater than 1 percent; and
15. In the processing areas where vehicles and equipment travel, apply dust suppressant at least
once per year in addition to watering and limiting travel speeds to 15 mph. Dust suppressants or
gravel would be applied more often if visible dust clouds extending beyond the roadway are noted,
or apply gravel to the areas.
Impact 3.3-3: The Project could expose sensitive
receptors to substantial pollutant concentrations.
None required. Less than Significant
11.4.b
Packet Pg. 631 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-12 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
Impact 3.3-4: The Project would not result in
odorous emissions adversely affecting a substantial
number of people.
None required. Less than Significant
Impact 3.3-5: The Project would contribute
nonattainment pollutants (ozone precursors, PM2.5,
and PM10) to cumulative increases in air pollutants.
Mitigation Measure 3.3-5: Implement Mitigation Measures 3.3-2a and 3.3-2b. Significant and Unavoidable
Impact 3.3-6: The Project could contribute to
cumulative TAC concentrations.
None required. Less than Significant
Impact 3.3-7: The Project would not combine with
other, cumulative sources of odors in the Project
vicinity adversely affecting a substantial number of
people.
None required. Less than Significant
Biological Resources
Impact 3.4-1: Project activities would result in
adverse effects on special-status plant species.
Mitigation Measure 3.4-1a: The Applicant shall implement the following measures prior to any ground
disturbance, vegetation removal, or other activities in natural (i.e., undeveloped) habitat for construction
or for the start of mining activities associated with each new mining phase to ensure that impacts to
special-status plants as a result of Project activities are avoided or minimized.
1. Preconstruction surveys for special-status plants shall be conducted by a qualified plant ecologist
prior to all phases of ground disturbance or construction activity throughout the Project life. A
focused survey during the appropriate bloom season for the 10 special-status plant species that
could occur shall be conducted in any area of proposed ground disturbance and a surrounding 50-
foot buffer area. Surveys must take place no more than four years before ground disturbance in
any given area commences. Surveys shall be conducted in a year with near-average or above-
average precipitation (i.e., precipitation that is at least 70% of the long-term average for the site,
as determined using the 30-year climate normals from the PRISM Climate and Weather System
[https://prism.oregonstate.edu] or a similar source). Alternatively, these surveys may be conducted
in a year of below-average precipitation if the target species are documented to be
flowering/detectable at nearby reference populations despite the below-average rainfall. If surveys
are conducted in a below-average rainfall year and detectability of a species at a reference
population cannot be confirmed, then no impacts should occur in suitable habitat for that species
until a survey can be conducted in an appropriate year (with adequate rainfall or detectability at a
reference population). The purpose of the surveys shall be to assess the presence or absence of
the potentially occurring species. If none of the target species are found in the impact area or
surrounding 50-foot buffer, then no further mitigation measures shall apply. If any individual
special-status plants are found in the impact area or 50-foot buffer, then the Applicant shall
implement all of the following additional mitigation measures.
• In consultation with a qualified plant ecologist, the Applicant shall redesign the Project to
avoid direct and indirect impacts to the species to the extent feasible (e.g., via the
establishment of an appropriately sized buffer of at least 50 feet or larger, as determined by a
Less than Significant
11.4.b
Packet Pg. 632 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-13 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
qualified plant ecologist based on the avoided species and the type of nearby impacts). If all
special-status plant occurrences can be avoided via an adequate buffer (as determined by a
qualified plant ecologist), then no further mitigation is necessary.
• If a qualified plant ecologist determines that avoidance is not feasible (including determining
that the buffers around an occurrence are inadequate to avoid impacts), then the Applicant
shall implement the following mitigation measures.
- Prior to initiation of impacts, a qualified plant ecologist will determine the extent of
impacts based on the number of individuals impacted and the acreage of habitat
occupied by each special-status plant species, based on the results of the
preconstruction survey described above and the impact areas.
- The Applicant shall provide compensatory mitigation through preservation and
management of another, existing on-site or off-site population within Santa Clara
County, or in neighboring portions of Santa Cruz, San Benito, or Monterey Counties
within 30 miles of the Project area. First priority shall be areas located on Sargent
Ranch, if other on-site populations are present. Off-site mitigation shall only be used if
on-site mitigation cannot fully compensate for species losses. Habitat occupied by the
affected species shall be preserved and managed in perpetuity at a minimum 2:1
mitigation ratio (at least two plants preserved for each plant affected, and also at least
two occupied acres preserved for each occupied acre affected), for any impact to
Congdon’s tarplant. This 2:1 mitigation ratio is not lower because Congdon’s tarplant is
ranked 1B by the CNPS, and such species have declined significantly over the last
century and are considered “rare, threatened, or endangered”. However, because no
particularly high-quality habitat for Congdon’s tarplant is present in the Project area, a
2:1 mitigation ratio is sufficient to offset Project impacts. For the other nine special-
status plant species that may to be impacted by the Project, habitat occupied by the
affected species shall be preserved and managed in perpetuity at a minimum 1:1
mitigation ratio (at least one plant preserved for each plant affected, and also at least
one occupied acre preserved for each occupied acre affected). This mitigation ratio is
not higher than 1:1 because these other nine species have a CRPR of 4; such species
are on the CNPS “watch list” because they are of limited distribution, but they are not as
scarce or imperiled as CRPR 1B species, and therefore compensatory mitigation at a
1:1 ratio would adequately offset Project impacts to these species.
- Alternatively, a contribution to the Santa Clara Valley Habitat Agency, in an amount
determined in coordination with the agency, for maintenance of special-status plant
species populations within the VHP Covered Area may be considered appropriate
mitigation for impacts, if approved by the County Department of Planning and
Development. This contribution shall be made prior to the initiation of impacts to special-
status plants.
- Areas proposed to be preserved as compensatory mitigation for special-status plant
impacts must contain verified extant populations of the CRPR-ranked plants that would
be impacted. Mitigation areas shall be managed in perpetuity to encourage persistence
11.4.b
Packet Pg. 633 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-14 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
and even expansion of the preserved target species. Mitigation lands shall not be
located on land that is currently publicly owned for resource protection unless
substantial enhancement of habitat quality (e.g., removal of invasive plants, correction
of over-grazing, introduction of appropriate grazing management) shall be achieved by
the mitigation activities. The mitigation habitat shall be of equal or greater habitat quality
compared to the impacted areas, as determined by a qualified plant ecologist, in terms
of soil features, extent of disturbance, vegetation structure, and dominant species
composition, and shall contain at least as many individuals of the species as are
impacted by Project activities. The permanent protection and management of mitigation
lands shall be ensured by the Applicant through an appropriate mechanism, such as a
conservation easement to the County or other qualified entity approved by the County,
which could be included in the conservation easement referenced in Mitigation Measure
M 3.5-4b.
- If Project-specific compensatory mitigation occurs (instead of a contribution to the Santa
Clara Valley Habitat Agency), a Habitat Mitigation and Monitoring Plan (HMMP) shall be
prepared by a qualified ecologist and implemented by the Applicant for the mitigation
lands. The HMMP shall be prepared by a qualified plant or restoration ecologist. The
HMMP shall be approved by the County Department of Planning and Development prior
to the start of ground-disturbing activities that would impact special-status plants. The
HMMP shall include, at a minimum, all of the following information:
o Summary of impacts on special-status plant species (including individuals and
habitat) and the proposed mitigation;
o Description of the location and boundaries of the mitigation site and description of
existing site conditions, including documentation of the occurrence of the special-
status plant species for which mitigation is being provided;
o Description of measures to be undertaken to enhance (e.g., through focused
management that may include removal of invasive species in adjacent suitable but
currently unoccupied habitat) the mitigation site for the focal special-status species;
o Description of measures to transplant individual plants or seeds from the impact
area to the mitigation site, if appropriate (which shall be determined by a qualified
plant or restoration ecologist depending on the species and circumstances);
o Proposed management activities to maintain high-quality habitat conditions for the
focal species;
o Description of habitat and species monitoring measures on the mitigation site,
including specific, objective final criteria and performance criteria, monitoring
methods, data analysis, reporting requirements, monitoring schedule, etc. At a
minimum, performance criteria shall include demonstration that any plant
population fluctuations over the monitoring period do not indicate a downward
trajectory in terms of reduction in numbers and/or occupied area for the preserved
11.4.b
Packet Pg. 634 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-15 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
mitigation population that can be attributed to management (e.g., that are not the
result of local weather patterns, as determined by monitoring of a nearby reference
population, or other factors unrelated to management);
o Contingency measures for mitigation elements that do not meet performance
criteria; and
o Description of adaptive management , indicating how management may be
adapted depending on climate change or other changes in site conditions and the
process by which adaptive management decisions will be made and implemented,
Mitigation Measure 3.4-1b: To minimize the potential for Project activities to result in the introduction
and/or spread of invasive plants and Phytophthora (a plant-damaging water mold), the Applicant shall
prepare and implement an Invasive Species and Phytophthora Management Plan (ISPMP). The ISPMP
shall be approved by the County Department of Planning and Development prior to issuance of a
grading permit by the County. The ISPMP shall detail the measures to be implemented to minimize the
potential for the introduction and spread of invasive plants and Phytophthora during Project
implementation, including during Project construction, operations, and reclamation. At a minimum, the
ISPMP shall include a description of the following information:
1. How materials (including vegetation, soil, and construction materials) and construction personnel,
vehicles, and equipment will move around the site and between on-site and off-site areas.
2. Measures that will be implemented to minimize the potential for introduction or spread of invasive
plants and Phytophthora on equipment, tools, vehicles, and personnel, including (but not limited
to) the following:
• Before arrival at the site, equipment, vehicles, and tools will be free of soil including debris on
tires, wheel wells, vehicle undercarriages, and other surfaces. A high-pressure washer and/or
compressed air may be used to ensure that soil and debris are completely removed.
• Vehicles may be cleaned at a commercial vehicle or appropriate truck washing facility.
Vehicles that only travel and park on paved public roads do not require external cleaning.
The interior of vehicles and equipment (cabs, etc.) must be free of mud, soil, gravel, and
other debris (vacuumed, swept or washed).
• Vehicle wash stations may be installed at entrances and exits to the site. All wastewater from
those stations should be detained so that it does not enter natural waterbodies or areas of
unimpacted vegetation.
• Small tools and equipment must be washed to be free of soil or other contamination and
sanitized. Wood handles on tools should be sealed with a waterproof coating to make them
easier to sanitize. Before sanitizing, remove all soil and organic material (roots, sap, etc.)
from the surface. If necessary, use a detergent solution and brush to scrub off surface
contaminants. The sanitizing agent may also be used as a cleaning fluid. Screwdrivers or
similar implements may be needed to clean soil out of crevices or shoe treads. Brushes and
other implements used to help remove soil need to be cleaned and sanitized after use.
11.4.b
Packet Pg. 635 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-16 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
• After surface soil and contamination are removed, treat the surface with a sanitizing agent,
allowing the appropriate contact time before use or rinsing. If surfaces are clean and dry, wet
surfaces thoroughly and allow for the appropriate contact time. If the sanitizer has been used
to help clean the surface, use fresh sanitizer to rinse off any dirty solution and again allow the
required contact time. If treated surfaces are wetted with water, the sanitizing solution will
become diluted. Apply enough sanitizer to completely displace the water film and then allow
the required contact time. Sanitizing agents may be applied by using spray bottles and
applied to thoroughly wet the surface. Observe all appropriate safety precautions to prevent
contact with eyes or skin when using these agents.
• Sanitizing agents may include 70-90% ethyl or isopropyl alcohol (spray to thoroughly wet the
surface and allow to air dry before use); freshly diluted bleach solution (0.525% sodium
hypochlorite) for a minimum of 1 minute (due to corrosivity, not advised for steel or other
materials damaged by bleach); 2000 ppm quaternary ammonium disinfectant for 1 min (or
according to manufacturer recommendations), freshly made or tested to ensure target
concentrations.
• Soles and uppers of footwear must be free of debris and soil before arriving at the site. Clean
and sanitize footwear as described above.
• Before entering the job site, field workers will receive training that includes information on
Phytophthora diseases and how to prevent the spread of these and other soil-borne
pathogens by following approved phytosanitary procedures.
• Do not bring more vehicles into work sites than absolutely necessary. Within the site, keep
vehicles on surfaced or graveled roads whenever possible to minimize soil movement.
3. measures to revegetate temporarily impacted areas using appropriate seed mixes that do not
contain invasive species and that are free from Phytophthora, shortly following completion of
those impacts
4. measures for disposing of cleared vegetation so that Phytophthora on plant roots or invasive plant
propagules are not spread to uncontaminated areas
5. measures for transporting and stockpiling soil so that Phytophthora or invasive plant propagules
are not spread from contaminated soil (e.g., in runoff)
6. monitoring to ensure that the ISPMP is properly implemented and that infestations of invasive
species or Phytophthora are detected before they become widespread or severe
7. methods of addressing any infestations of invasive species, or preventing infestations of
Phytophthora from spreading
8. the means by which plant materials used in site restoration, during site reclamation, will be
ensured to be free of invasive species and Phytophthora infestation
Mitigation Measure 3.4-1c: To minimize impacts on special-status plants and animals, and sensitive
habitats, the Applicant shall retain a qualified biologist to conduct an employee education training
11.4.b
Packet Pg. 636 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-17 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
session for employees working on all construction, operations, and reclamation activities, prior to those
employees’ work on the Project. This training session can consist of in-person training or preparation of
a video or similar presentation. Personnel shall be required to attend the presentation, which shall
describe any special-status or sensitive species, and sensitive/regulated habitats, that may be present;
avoidance, minimization, and conservation measures; legal protection of these animals; the boundaries
of Project work areas; and other related issues, including any relevant conditions from resource agency
permits obtained for Project implementation. A fact sheet or other supporting materials containing this
information shall be prepared and distributed. Upon completion of training, employees will sign a form
stating that they attended the training and understand all the conservation and protection measures.
Biological Resources (cont.)
Impact 3.4-2: Project nitrogen emissions would not
result in adverse effects on habitat for the Bay
checkerspot butterfly and rare serpentine-associated
plants located off-site.
None required. Less than Significant
Impact 3.4-3: Project activities would result in
adverse effects on special-status fish and their
habitat.
Mitigation Measure 3.4-3: The Applicant shall implement the following measures and the “Aquatic
Avoidance and Minimization Measures” contained in Table 6-2 of the VHP, during any Project
construction activity, and during operational and reclamation activities as appropriate (e.g., equipment
storage or refueling, or other activities that could result in spills) to minimize increases of peak
discharge of stormwater and to reduce runoff of sediment and pollutants to protect water quality. The
following measures to be implemented by the Applicant shall be monitored by the qualified biologist
retained by the Applicant as described in Mitigation Measure 3.4-5, who shall be present to monitor
construction activities during initial ground disturbance or vegetation clearing in any given area or
Project phase.
a. No construction within creeks or riparian habitats shall occur during the wet season (October 15 to
April 15, or as otherwise indicated by the conditions of resource agency permits).
b. Ground disturbance shall be minimized so that only those phases of the Project and ancillary
supporting facilities, including but not limited to road construction, conveyor installation and
operation, and plant and rail construction, which are actively being constructed or being mined
would be cleared/prepared.
c. The removal of riparian vegetation shall be minimized to the amount necessary to accomplish the
required activity and comply with public health and safety directives. Any riparian vegetation to be
removed shall be clearly identified on plans submitted to and approved by the County Department
of Planning and Development prior to any riparian vegetation removal, along with evidence
establishing why removal of such vegetation is necessary.
d. Erosion control plans shall be submitted to and approved by the County Department of Planning
and Development prior to initiation of ground disturbance and shall include the following:
• Control exposed soil by stabilizing slopes (e.g., with erosion control blankets) and protecting
channels (e.g., using silt fences or straw wattles). Appropriate erosion control measures
(e.g., fiber rolls, filter fences, vegetative buffer strips) shall be used on-site adjacent to creeks
Less than Significant
11.4.b
Packet Pg. 637 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-18 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
or riparian vegetation. Fiber rolls used for erosion control shall be certified as free of noxious
weed seed.
• Stockpiled soil shall be stabilized with geotextile or plastic covers. Sediments shall be stored
and transported in a manner that minimizes water quality impacts. If soil is stockpiled, no
runoff shall be allowed to flow back to the channel.
e. If high levels of groundwater in a work area are encountered and dewatering must occur, the
water shall be directed into infiltration basins, holding ponds, or areas with vegetation to remove
sediment prior to the water re-entering a creek.
f. Construction and mining waste shall be disposed of in designated areas and stormwater shall be
prevented from flowing onto or off of these areas.
g. Personnel shall use the appropriate equipment for the job that minimizes disturbance to the
stream bottom. Appropriately tired vehicles, either tracked or wheeled, shall be used depending
on the situation.
Impact 3.4-4: Project activities would result in
adverse effects on California red-legged frogs and
their habitat.
Mitigation Measure 3.4-4a: The Applicant shall implement the following avoidance and minimization
measures for all ground-disturbing activities throughout the life of the Project, including construction,
operations, and reclamation, at access roads, bridges over Tar Creek and Sargent Creek, mining
areas, and processing facilities, to minimize impacts on CRLF:
1. A biologist approved by the County and USFWS (hereafter “approved biologist”) shall be onsite
during all activities that, in the opinion of the approved biologist and after consultation with
USFWS, may result in impacts to individual CRLF. For example, once a work area is surrounded
by exclusion fencing (as described below), any CRLF within that exclusion fencing have been
relocated (as described below), and the qualified biologist has surveyed the area within the
exclusion fencing well enough to determine that no CRLF are present, activities within the
exclusion fencing and on other “developed” areas (e.g., roads and the processing plant) may
proceed without the need for a biological monitor. The qualifications of the biologist(s) shall be
submitted to the County and USFWS for review and written approval at least 15 calendar days
prior to the date earthmoving is initiated at the Project site.
2. Prior to the initiation of any other protective measures, an approved biologist shall determine, in
consultation with the USFWS, appropriate relocation sites for any adult, juvenile, or larval CRLF
that may be observed during preconstruction surveys and monitoring and that need to be
relocated. The approved biologist shall also determine, in consultation with the USFWS, how any
CRLF showing evidence of poor health (which might indicate disease such as chytrid) should be
handled or disposed of, to avoid translocating diseased individuals into habitat supporting healthy
amphibians.
3. The Applicant shall install and maintain exclusion fencing around construction and mining zones,
to prevent CRLF from moving into these areas. Exclusion fencing shall be at least 3 ft high, and
the lower 6 inches of the fence shall be buried in the ground to prevent animals from crawling
under. The remaining 2.5 ft shall be left above ground to serve as a barrier for animals moving on
the ground surface. The fence shall be pulled taut at each support to prevent folds or snags. The
Less than Significant
11.4.b
Packet Pg. 638 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-19 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
Applicant shall inspect such fencing regularly (at least weekly) and maintain it in good condition
throughout the construction and mining period.
4. The Applicant shall flag or fence construction and mining areas to identify areas where work is
permitted to occur, and work activities shall be confined to these areas.
5. An approved biologist shall delineate sensitive habitat areas such as streams, wetlands, and
riparian habitats outside the permitted work area with high-visibility flagging or fencing to prevent
encroachment of construction and mining personnel and equipment into any sensitive areas
during Project work activities. At no time shall equipment or personnel be allowed to enter, disturb,
or otherwise adversely affect these sensitive habitat areas without prior written authorization from
the County and USFWS.
6. No more than 24 hours prior to initial ground disturbance for each phase of construction or mining
activity, an approved biologist shall conduct a preconstruction survey for the CRLF at the Project
site.
• The survey shall consist of walking the Project limits and within the Project site to ascertain
the possible presence of the species. The approved biologist shall investigate all areas that
could be used by the CRLF for feeding, breeding, sheltering, movement, and other essential
behaviors. This includes an adequate examination of mammal burrows, such as California
ground squirrels or gophers.
• Each encounter with the CRLF shall be treated on a case-by-case basis in coordination with
the USFWS, but the general procedure is as follows: (1) the animal shall not be disturbed if it
is not in danger; or (2) the animal shall be moved to a secure location if it is in any danger.
These procedures are further described below:
7. When a CRLF is encountered, all activities which could result in the harassment, injury, or death
of the individual shall be immediately halted. The approved biologist shall then assess the
situation in order to select a course of action that would avoid or minimize adverse effects to the
animal. To the maximum extent possible, contact with the frog shall be avoided and the Applicant
shall allow it to move out of the hazardous situation to a secure location on its own volition. This
procedure applies to situations where a CRLF is encountered while it is moving to another
location. It does not apply to animals that are uncovered or otherwise exposed or in areas where
there is not sufficient adjacent habitat to support the species should the individual move away
from the hazardous location.
8. CRLF that are in danger shall be relocated and released by the approved biologist outside the
construction or mining area within the same riparian area or watershed. If relocation of the frog
outside the fence is not feasible (i.e., there are too many individuals observed per day), the
approved biologist shall relocate the animals to a USFWS preapproved location. Prior to the initial
ground disturbance, the Applicant shall obtain approval of the relocation protocol from the Service
in the event that a CRLF is encountered and needs to be moved away from the Project site.
9. The approved biologist shall limit the duration of the handling and captivity of the CRLF to the
minimum amount of time necessary to complete the task. If the animal must be held in captivity, it
11.4.b
Packet Pg. 639 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-20 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
shall be kept in a cool, dark, moist, aerated environment, such as a clean and disinfected bucket
or plastic container with a damp sponge. The container used for holding or transporting the
individual shall not contain any standing water.
10. No construction within creeks or riparian habitats shall occur during the wet season (October 15 to
April 15, or as otherwise indicated by the conditions of resource agency permits). Outside of
creeks and riparian habitats, when ground-disturbing activities in any given location commence
between October 15 and April 15, daily monitoring by an approved biologist shall occur for the
CRLF until April 16 or until all clearing and grubbing have been completed and the work area is
completely surrounded by wildlife exclusion fencing, at which time CRLF would no longer be able
to enter the work area.
11. To minimize harassment, injury death, and harm in the form of temporary habitat disturbances, all
Project-related vehicle traffic shall be restricted to established roads, construction and mining
areas, equipment staging, storage, parking, and stockpile areas. These areas shall be delineated
by the Applicant in preconstruction surveys and shall be established in locations disturbed by
previous activities whenever feasible unless otherwise approved by the County Planning
Department.
12. Project-related vehicles shall observe a 15 mile per hour speed limit within construction and
mining areas, except on County roads, and State and Federal highways. Off-road traffic outside of
designated and fenced Project work areas shall be prohibited.
13. The Applicant shall ensure bio-swales and bio-filtration are installed at the Project site adjacent to
roadways to avoid and minimize sediment loading and point source pollutants.
14. If a work site is to be temporarily dewatered by pumping, intakes shall be completely screened
with wire mesh not larger than 5 millimeters to prevent CRLF from entering the pump system.
Water shall be released or pumped downstream at an appropriate rate to maintain downstream
flows during construction. Upon completion of construction activities, any barriers to flow shall be
removed in a manner that would allow flow to resume with the least disturbance to the substrate.
15. Uneaten human food and trash attracts crows, ravens, coyotes, and other predators of the CRLF.
A litter control program shall be instituted by the Applicant for construction, operations, and
reclamation work. All workers shall ensure their food scraps, paper wrappers, food containers,
cans, bottles, and other trash are deposited in covered or closed trash containers. The trash
containers shall be removed from the Project area at the end of each working day.
16. No insecticides or herbicides shall be used during construction or operations where there is the
potential for these chemical agents to enter creeks, streams, waterbodies, or uplands that contain
suitable habitat for the CRLF.
17. No canine or feline pets or firearms (except for federal, state, or local law enforcement officers and
security personnel) shall be permitted at the Project site to avoid and minimize harassment, injury,
and death of the CRLF.
18. For onsite storage of pipes, conduits and other materials that could provide shelter for CRLF, the
Applicant shall use an open-top trailer or some other means to elevate the materials above
11.4.b
Packet Pg. 640 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-21 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
ground. This is intended to reduce the potential for animals to climb into the conduits and other
materials.
19. To the maximum extent practicable, no construction activities shall occur during rain events (i.e.,
when rain hits the ground) or within 24-hours following a rain event. Prior to construction activities
resuming after a rain event, an approved biologist shall inspect the action area and all
equipment/materials for the presence of CRLF.
20. To the maximum extent practicable, night-time construction shall be minimized or avoided by the
Applicant because dusk and dawn are often the times when the CRLF is most actively moving and
foraging. Because dusk and dawn are often the times when the CRLF is most actively moving and
foraging, to the maximum extent practicable, earthmoving and construction activities will cease no
less than 30 minutes before sunset and will not begin again prior to no less than 30 minutes after
sunrise.
21. Plastic monofilament netting (erosion control matting), loosely woven netting, or similar material in
any form shall not be used at the Project site because CRLF can become entangled and trapped
in them. Any such material found on site shall be immediately removed by the approved biologist,
construction or mining personnel, or the Applicant. Materials utilizing fixed weaves (strands cannot
move), polypropylene, polymer or other synthetic materials shall not be used.
22. Trenches or pits one (1) foot deep or more that are going to be left unfilled for more than forty-
eight (48) hours shall be securely covered by the Applicant with boards or other material to
prevent the CRLF from falling into them, unless slopes leading out of the pits are suitable to allow
CRLF to leave on their own. If this is not possible, the Applicant shall ensure wooden ramps or
other structures of suitable surface that provide adequate footing for the CRLF are placed in the
trench or pit to allow for their unaided escape. The trench, pit, or hole also shall be examined by
the approved biologist each workday morning during construction at least one hour prior to
initiation of work and in the late afternoon no more than one hour after work has ceased to
ascertain whether any individuals have become trapped. If the escape ramps fail to allow the
animal to escape, the approved biologist shall remove and transport it to a safe location or contact
the USFWS for guidance.
23. The approved biologist(s) shall permanently remove any aquatic non-native wildlife species, such
as bullfrogs and crayfish from the Project site, to the maximum extent possible.
Mitigation Measure 3.4-4b: The Applicant shall implement the following avoidance and minimization
measures for certain operational activities:
1. Impacts on the known CRLF breeding pond in the Phase 2 geotechnical setback shall be
avoided, if feasible, so that this pond is not lost (i.e., so that the pond is not removed, filled, or
drained so that it no longer provides suitable amphibian breeding habitat). If loss of this pond
is unavoidable, compensatory mitigation will be provided as described in Mitigation Measure
3.4-4c(3).
2. If mining activity that directly disturbs any pools or ponds within a mining pit, including
retention basins, experiences a lull of at least 7 days, an approved biologist shall conduct a
survey of the pool, pond, or basin for all life stages of the CRLF before mining in that
11.4.b
Packet Pg. 641 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-22 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
waterbody resumes. Any individuals detected shall be captured (e.g., via dipnet, seine, or
other means suitable for the life stage in question) and relocated to the nearest habitat
suitable for the life stage in question (e.g., egg masses and larvae shall be moved to other
ponds or pools with suitable hydroperiod for successful metamorphosis) by the approved
biologist.
3. The Applicant shall install wildlife exclusion fencing around the storage pond within the
processing plant to prevent special-status species such as CRLF from entering the pond.
Exclusion fencing shall be at least 3 ft high, and the lower 6 inches of the fence shall be
buried in the ground to prevent animals from crawling under. The remaining 2.5 ft shall be left
above ground to serve as a barrier for animals moving on the ground surface. The fence
shall be pulled taut at each support to prevent folds or snags. Such fencing shall be
inspected regularly (at least weekly) and maintained in good condition throughout the period
of the plant’s operation.
4. All lighting on the site, including security lighting (remain on throughout the night but shall be
turned off if feasible) and lighting used during the plant’s hours of operation, shall be
minimized in terms of intensity, height of lights, extent (i.e., dispersion around the processing
plant), and spillover into adjacent areas. A detailed lighting plan shall be provided to the
County Department of Planning and Development for review and approval as part of the
processing plant building permit or any grading permit submittal, whichever occurs first. The
lighting plan shall show the fixture locations and specifications. All lighting shall be pointed
downward and shielded. A photometric plan shall be included showing the lumens (or other
similar measurement) for each fixture at the site. Light spillover outside of the processing
plant shall be limited, and no fixtures shall be installed on the east side of the processing
plant.
5. Fencing with screening shall be installed around as much of the main plant as possible, as
described in Mitigation Measure 3.4-15.2.
Mitigation Measure 3.4-4c: The Applicant shall provide compensatory mitigation for impacts to CRLF
habitat as follows:
1. Prior to initiation of impacts, a qualified biologist will determine the extent of impacts on CRLF
habitat based on the acreage of all non-developed habitat to be impacted. The pond in the Phase
2 geotechnical setback area and the pond immediately south of Phase 4 that will be altered
hydrologically by mining will be considered breeding habitat, and all other non-developed habitat
to be impacted will be considered nonbreeding habitat.
2. The Applicant shall provide mitigation to compensate for unavoidable impacts on CRLF
nonbreeding habitat (e.g., upland habitat and nonbreeding aquatic habitat) through the
preservation, management, and enhancement (e.g., through long-term management targeted
toward this species) of high-quality habitat that is already occupied by the CRLF at a ratio of at
least 2:1 (mitigation:impact), on an acreage basis, or as determined through the consultation
and/or permitting process with USFWS. This 2:1 mitigation ratio is not lower because CRLF
appear to regularly use the Project site and breed in or near impact areas, so that a 2:1 mitigation
ratio is deemed necessary to offset Project impacts, but it is not higher because Project areas will
11.4.b
Packet Pg. 642 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-23 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
be restored to conditions suitable for CRLF following completion of mining. First priority for
compensatory mitigation sites shall be areas located on Sargent Ranch. Off-site mitigation shall
only be used if on-site mitigation cannot fully compensate for habitat losses.
3. The Applicant shall provide mitigation to compensate for unavoidable impacts on CRLF breeding
habitat, including the pond in the Phase 2 geotechnical setback area (if it will be lost or
permanently drained) and the pond immediately south of Phase 4 that will be altered
hydrologically by mining, through one or both of the following methods, or equivalent or more
effective methods as determined through the consultation and/or permitting process with USFWS:
• the creation of aquatic habitat suitable for CRLF breeding that could support the species at a
2:1 (mitigation:impact) ratio, on an acreage basis.
• the enhancement of degraded aquatic habitat that is unsuitable for use by CRLF, but that is
in close proximity to areas of known occurrence and can be made more suitable for use via
the eradication of aquatic predators (e.g., bullfrogs and predatory fish) at a 3:1 mitigation
ratio, on an acreage basis.
First priority for compensatory mitigation sites shall be areas located on Sargent Ranch. Off-
site mitigation shall only be used if on-site mitigation cannot fully compensate for habitat
losses.
4. A qualified biologist shall develop an HMMP describing the measures that shall be taken to
manage the created/enhanced breeding and upland habitat described above and to monitor the
effects of management on the CRLF. The HMMP shall be submitted to the County Department of
Planning and Development for review and approval prior to the start of any ground-disturbing
activities. The County may retain a qualified biologist at the Applicant’s expense to peer-review
the HMMP. The HMMP shall include the following:
• a summary of impacts on CRLF habitat and populations, and the proposed mitigation;
• a description of the location and boundaries of the mitigation site and description of existing
site conditions;
• a description of measures to be undertaken if necessary, to enhance (e.g., through focused
management) the mitigation site for CRLF;
• proposed management activities, such as managed grazing, management of invasive plants,
measures targeted at sustaining populations of burrowing mammals, or other measures to
maintain high-quality habitat for CRLF;
• a description of species monitoring measures on the mitigation site, including specific, goals
and objectives (such as maintaining or increasing abundance of CRLF or maintaining or
improving habitat suitability), performance indicators and success criteria (such as presence
or abundance of upland refugia or hydroperiod of breeding habitat), monitoring methods
(such as sampling of upland refugia or monitoring of the hydroperiod of breeding habitat),
11.4.b
Packet Pg. 643 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-24 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
data analysis, reporting requirements, and monitoring schedule. At a minimum, performance
criteria shall include occupation by the CRLF of created aquatic habitat;
• a description of the management plan’s adaptive management component, including a
description of how management may be adapted depending on climate change or other
changes in site conditions and the process by which adaptive management decisions will be
made and implemented, as well as contingency measures for mitigation elements that do not
meet performance criteria; and
• a description of the funding mechanism for the long-term maintenance and monitoring of the
mitigation lands.
Impact 3.4-5: Project activities would result in
adverse effects on California tiger salamanders
(CTS) and their habitat.
Mitigation Measure 3.4-5a: The Applicant shall implement all impact avoidance and minimization
measures described in Mitigation Measures 3.4-4a and 3.4-4b for the CRLF to reduce impacts on CTS,
and shall consult with CDFW (e.g., for approval of biologists and relocation areas, and for approval
conditions in which no take of individual CTS is anticipated to occur within an area and site monitoring
by the qualified biologist is no longer necessary) in addition to the County and USFWS for all measures
involving CTS.
Mitigation Measure 3.4-5b:
1. Prior to initiation of impacts, a qualified biologist will determine the extent of impacts on CTS
habitat based on the acreage of all non-developed habitat to be impacted.
2. The Applicant shall provide mitigation to compensate for unavoidable impacts on CTS
nonbreeding habitat (e.g., upland habitat and nonbreeding aquatic habitat) through the
preservation, management, and enhancement (e.g., through long-term management targeted
toward this species) of high-quality habitat that is already occupied by the CTS at a ratio of at least
1:1 (mitigation:impact), on an acreage basis, or as determined through the consultation and/or
permitting process with USFWS and CDFW. This 1:1 mitigation ratio is not lower because CTS
are expected to be present on the Project site at least in low numbers, so that a 1:1 mitigation
ratio is deemed necessary to offset Project impacts, but it is not higher because surveys have
documented that the species is scarce in the Project area (so that effects of the Project on this
species’ populations would be low), and Project areas would be restored to conditions suitable for
CTS following completion of mining. If CTS are recorded breeding successfully in the stock pond
in the Phase 2 geotechnical setback area and that pond is subsequently impacted, or in the pond
adjacent to the Phase 4 mining area that will be impacted indirectly as a result of reduction in the
pond’s watershed, the Applicant shall provide mitigation for impacts to those breeding habitats at
a ratio of at least 1:1, on an acreage basis, or as determined through the consultation and/or
permitting process with USFWS and CDFW; mitigation for lost breeding habitat shall consist of
creation, preservation, and management of CTS breeding habitat. The same mitigation areas
established for CRLF can be used for CTS if both species are documented to be present.
First priority for compensatory mitigation sites shall be areas located on Sargent Ranch. Off-site
mitigation shall only be used if on-site mitigation cannot fully compensate for habitat losses.
Less than Significant
11.4.b
Packet Pg. 644 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-25 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
3. The HMMP described for CRLF in Mitigation Measure 3.4-6 will also describe the measures that
shall be taken to manage the created/enhanced habitat and to monitor the effects of management
on CTS. The HMMP shall be submitted to the County Department of Planning and Development
for review and approval prior to the start of ground-disturbing activities. The County may retain a
qualified biologist at the Applicant’s expense to peer-review the HMMP. The HMMP shall include
the following:
• a summary of impacts on CTS habitat and populations, and the proposed mitigation;
• a description of the location and boundaries of the mitigation site and description of existing
site conditions;
• a description of measures to be undertaken if necessary to enhance (e.g., through focused
management) the mitigation site for CTS, including creation of new breeding habitat (if the
Project impacts areas known to have been used for successful breeding by CTS);
• proposed management activities, such as managed grazing, management of invasive plants,
measures targeted at sustaining populations of burrowing mammals, and other measures to
maintain high-quality habitat for CTS;
• a description of species monitoring measures on the mitigation site, including specific,
objective goals and objectives (such as maintaining or increasing abundance of CTS or
maintaining or improving habitat suitability), performance indicators and success criteria
(such as presence or abundance of upland refugia), monitoring methods (such as sampling
of upland refugia), data analysis, reporting requirements, and monitoring schedule. At a
minimum, performance criteria shall include demonstrated occurrence of CTS on the
mitigation site;
• a description of the management plan’s adaptive management component, including a
description of how management may be adapted depending on climate change or other
changes in site conditions and the process by which adaptive management decisions will be
made and implemented, as well as contingency measures for mitigation elements that do not
meet performance criteria; and
• a description of the funding mechanism for the long-term maintenance and monitoring of the
mitigation lands.
Impact 3.4-6: Project activities would result in
adverse effects on western pond turtles and their
habitat.
Mitigation Measure 3.4-6: The Applicant shall implement all impact avoidance and minimization
measures described in Mitigation Measures 3.4-3 for water quality and 3.4-4a and 3.4-4b for the CRLF
for the western pond turtle, and CDFW will be consulted (e.g., for approval of biologists and relocation
areas) in addition to the County for all measures involving this species.
Less than Significant
Impact 3.4-7: Project activities would result in
adverse effects on burrowing owls and their habitat.
Mitigation Measure 3.4-7: The Applicant shall implement the following measures (based on those
contained within Condition 15 of the VHP) prior to groundbreaking activities for each phase of the
Project (construction, operations, and reclamation) to ensure that individual burrowing owls are not
injured or killed as a result of Project activities.
Less than Significant
11.4.b
Packet Pg. 645 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-26 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
Prior to any ground disturbance associated with the Project (including vegetation removal; construction
of individual Project components, such as roads, conveyor belts, and mining infrastructure; and ground
disturbance associated with the start of mining activities associated with each new mining phase), a
qualified biologist retained by the Applicant shall conduct preconstruction surveys in all suitable
burrowing owl habitat areas on and within 250 feet of the area in which ground disturbance is
proposed. To maximize the likelihood of detecting owls, the preconstruction survey shall last a
minimum of three hours. The survey shall begin one hour before sunrise and continue until two hours
after sunrise (three hours total) or begin two hours before sunset and continue until one hour after
sunset. A minimum of two surveys shall be conducted (if owls are detected on the first survey, a
second survey is not needed). Owls observed shall be counted and their location shall be mapped.
Surveys shall conclude no more than two calendar days prior to construction; thus, surveys must begin
no less than four days prior to the start of construction, operations, or reclamation activities (two days of
surveying plus up to two days between surveys and construction).
To avoid last-minute changes in schedule that may occur if burrowing owls are found, a preliminary
survey may be conducted up to 14 days before construction. This preliminary survey may count as the
first of the two required surveys, as long as the second survey concludes no more than two calendar
days in advance of construction. Should the preconstruction survey determine the presence of
burrowing owls on or within 250 feet the site, then the Applicant shall implement the following
avoidance measures.
a. Avoidance during the Breeding Season. If evidence of burrowing owls is found during the breeding
season (February 1 to August 31), all nesting or roosting sites that could be disturbed by Project
construction shall be avoided during the remainder of the breeding season (if owls remain
throughout the breeding season) or while the nest (i.e., a burrow occupied during the period
February 1 to August 31) is occupied by adults or young (occupation includes individuals or family
groups foraging on or near the site following fledging). Although burrowing owls are unlikely to
nest on the Project site, there is a remote possibility that nesting may occur. Wintering owls in
Santa Clara County often remain past February 1, at which time they cannot be distinguished from
breeding birds. As a result, any owl present between February 1 and August 31 will be considered
a potential breeder unless and until it leaves the site.
Avoidance shall include establishment of a 250-foot non-disturbance buffer zone around nests.
Construction may occur outside of the 250-foot non-disturbance buffer zone. Construction may
occur inside of the 250-foot non-disturbance buffer during the breeding season only if the nest is
not disturbed, and a qualified biologist retained by the Project Applicant develops an avoidance,
minimization, and monitoring plan that is reviewed and approved by the CDFW prior to Project
construction and meets all of the following criteria:
• A qualified biologist monitors the owls for at least 3 days prior to construction to determine
baseline nesting and foraging behavior (i.e., behavior without construction).
• The same qualified biologist monitors the owls during construction and finds no change in
owl nesting and foraging behavior in response to construction activities.
11.4.b
Packet Pg. 646 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
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Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
• If there is any change in owl nesting and foraging behavior as a result of construction
activities, all disturbance activities shall cease within the 250-foot buffer. Construction shall
not resume within the 250-foot buffer until the adults and juveniles from the occupied burrows
have moved out of the Project area and 250-foot buffer.
• If monitoring indicates that the nest is abandoned prior to the end of the nesting season (as
would occur if a wintering owl lingered past February 1 and then eventually migrated to its
breeding areas outside the region), and the burrow is no longer in use by owls, the non-
disturbance buffer zone may be removed. The qualified biologist will excavate the burrow to
ensure that no owls are present and to prevent reoccupation after receiving approval from
CDFW.
b. Avoidance during the Non-Breeding Season. During the non-breeding season (September 1
through January 31), a 250-foot non-disturbance buffer shall be established around occupied
burrows as determined by a qualified biologist. Construction activities outside of this 250-foot
buffer are allowed. Construction activities within the 250-foot buffer are allowed if all of the
following criteria are met in order to prevent owls from abandoning important overwintering sites:
• A qualified biologist monitors the owls for at least three days prior to construction to
determine baseline foraging behavior (i.e., behavior without construction).
• The same qualified biologist monitors the owls during construction and finds no change in
owl foraging behavior in response to construction activities.
• If there is any change in owl nesting and foraging behavior as a result of construction
activities, all disturbance activities shall cease within the 250-foot buffer.
• If the owls are gone for at least one week, the Project Applicant may request approval from
the CDFW that a qualified biologist excavate usable burrows to prevent owls from re-
occupying the site. After all usable burrows are excavated, the buffer zone will be removed
and construction may continue. Monitoring must continue as described above for the non-
breeding season as long as the burrow remains active.
c. Construction Monitoring. Based on the avoidance, minimization, and monitoring plan developed
during construction, all non-disturbance buffer zones shall be established and maintained. A
qualified biologist shall monitor the site consistent with the requirements described above to
ensure that buffers are enforced and owls are not disturbed. The biological monitor shall also
conduct training of construction personnel on the avoidance procedures, buffer zones, and
protocols in the event that a burrowing owl flies into an active construction zone or within 250 feet
of such zone.
d. Passive Relocation. Passive relocation shall only be allowed, with the approval of CDFW, during
the non-breeding season (September 1 through January 31), and may only occur if the burrow
needs to be removed or could collapse from construction activities. If passive relocation is allowed
by CDFW, a qualified biologist shall passively exclude birds from their burrows during non-
breeding season only by installing one-way doors in burrow entrances. These doors shall be in
11.4.b
Packet Pg. 647 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
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Sargent Quarry S-28 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
place for at least 48 hours to ensure owls have left the burrow, and then the qualified biologist
shall excavate the burrow to prevent reoccupation. Burrows shall be excavated using hand tools.
During excavation an escape route shall be maintained at all times. This may include inserting an
artificial structure into the burrow to avoid having the overburden collapse into the burrow and trap
owls inside.
Impact 3.4-8: Project activities would result in
adverse effects on tricolored blackbirds and their
habitat.
Mitigation Measure 3.4-8a: The Applicant shall implement the following measures (based on those
contained within Condition 17 of the VHP) prior to groundbreaking activities for each phase of the
Project (construction, operations, and reclamation), to ensure that active tricolored blackbird colonies,
including active nests, eggs, and young, are not lost as a result of Project activities.
1. Prior to the initiation of any ground disturbance, vegetation removal, or other activities involving
habitat impacts or movement of Project personnel, vehicles, or heavy equipment for construction
or for the start of mining activities associated with each new mining phase that occur between
March 15 and July 31, a qualified biologist retained by the Applicant shall conduct preconstruction
surveys in all suitable tricolored blackbird habitat areas on and within 250 feet of the area in which
construction or operational activities are proposed. The survey will be conducted no more than
two calendar days prior to the start of the construction or operational activity. To avoid last minute
changes in schedule that may occur if an active nest (i.e., a nest that is under construction or
contains eggs or young) is found, the Project Applicant may also conduct a preliminary survey
more than two calendar days before the start of construction, operations, and reclamation
activities.
2. If any emergent vegetation develops in the bottom of an active mining pit (i.e., one that has not yet
undergone complete reclamation), and more than one week of inactivity within 250 feet of that
emergent vegetation occurs during the breeding season (March 15-July 31), a qualified biologist
shall perform a survey for nesting tricolored blackbirds prior to the initiation of any subsequent
Project activity within 250 feet of the emergent vegetation.
3. If a tricolored blackbird nesting colony is present, the qualified biologist will map the extent of
suitable nesting habitat in which nesting is taking place (this suitable habitat may extend beyond
the locations of actual nests). A 250-foot buffer will be applied between the edge of that nesting
habitat and Project activities. This buffer may be reduced in areas with dense forest or other
habitat features between the construction activities and the active nest colony, or where there is
sufficient topographic relief to protect the colony from excessive noise or visual disturbance.
Depending on site characteristics, the sensitivity of the colony, and surrounding land uses, the
buffer zone may also be increased beyond 250 feet.
4. If construction or operational activities take place during the breeding season when an active
colony is present, a qualified biologist will monitor these activities to ensure that the 250-foot
buffer zone is enforced. If monitoring indicates that Project activities outside of the buffer are
affecting a breeding colony, the buffer will be increased if space allows (e.g., moving work areas
farther away). If space does not allow, the Project activities causing disturbance of the colony will
cease until the young have fledged or until the end of the breeding season, whichever occurs first.
The biological monitor will also conduct training of construction personnel on the avoidance
Less than Significant
11.4.b
Packet Pg. 648 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-29 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
procedures, buffer zones, and protocols in the event that tricolored blackbirds fly into an active
construction zone (i.e., outside the buffer zone).
Mitigation Measure 3.4-8b: If Project construction or operational activities will result in direct impacts
(outside the breeding season) on nesting habitat known to have supported nesting tricolored blackbirds
within the last five years (as identified in the CNDDB, through contact with local experts, and Project
pre-activity surveys in Mitigation Measure 3.4-8a), compensatory mitigation for the loss of nesting
habitat shall be provided. Prior to initiation of impacts on that nesting habitat, a qualified biologist will
determine the acreage of nesting habitat (habitat used by nesting blackbirds in the previous five years)
that will be impacted. Compensatory mitigation will be provided in the form of habitat preservation or
creation at a ratio of 1:1 (on an acreage basis) and shall be described within the Project’s HMMP
prepared for the CRLF and CTS as described in Mitigation Measures 3.4-4c and 3.4-5b. First priority
for compensatory mitigation sites shall be areas located on Sargent Ranch. Off-site mitigation shall only
be used if on-site mitigation cannot fully compensate for habitat losses.
Habitat to be preserved or created shall contain at least the same acreage of suitable nesting habitat
for the tricolored blackbird as the amount of nesting habitat acreage lost, and the suitability of that
habitat for nesting must be verified by a qualified biologist and reviewed and approved by the County
Department of Planning and Development. A habitat protection easement ensuring that the use and
development of the compensatory mitigation area shall be consistent with this purpose in perpetuity
shall be granted by the Applicant to the County or other qualified entity approved by the County.
Impact 3.4-9: Project activities would result in
adverse effects on other special-status and
protected birds and their habitat.
Mitigation Measure 3.4-9: The Applicant shall implement the following measures prior to any ground
disturbance, vegetation removal, or other activities involving habitat impacts or movement of Project
personnel, vehicles, or heavy equipment for construction, for the start of mining activities associated
with each new mining phase, and for the start of reclamation activities to ensure that active nests, eggs,
and young of protected birds are not lost as a result of Project activities.
a. To the extent feasible, construction, operational, and reclamation activities that involve vegetation
removal or ground-breaking, or that occur near wooded or forested habitats likely to support large
numbers of nesting birds, shall be initiated during the nonbreeding season for birds (generally
September 1 through January 31). If these activities are scheduled to take place outside the
nesting season, impacts on active nests of birds protected under the MBTA and California Fish
and Game Code will be avoided.
b. Prior to the initiation of any ground disturbance, vegetation removal, or other activities involving
habitat impacts or movement of Project personnel, vehicles, or heavy equipment for Project
activities that occur between February 1 and August 31, a qualified biologist retained by the
Applicant shall conduct preconstruction surveys for nesting birds. The survey will cover the
portions of the Project site where construction/operations activities will be initiated as well as a 1-
mile buffer for nesting eagles (in the event that eagles may nest in the vicinity during the Project’s
lifetime), a 250-foot buffer for other raptors, and a 100-foot buffer for non-raptors (other than
tricolored blackbirds, which are addressed in Mitigation Measures 3.4-8a and 8b). During each
survey, the qualified biologist will inspect all potential nesting habitats (e.g., trees, shrubs,
grasslands, wetlands, and other nesting substrate) within direct impact areas and the
aforementioned buffers for active nests (i.e., nests with eggs or young). The survey will be
conducted no more than two calendar days prior to the start of the construction or operational
Less than Significant
11.4.b
Packet Pg. 649 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
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Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
activity. To avoid last-minute changes in schedule that may occur if an active nest is found, the
Project Applicant may also conduct a preliminary survey more than two calendar days before
construction.
c. If an active nest is found, a qualified biologist will determine the extent of a disturbance-free buffer
zone to be established around the nest to ensure that it is not disturbed during Project
implementation. The buffer distance is measured as the straight-line distance between an active
nest and the activity. No Project-related activities that could physically disturb the nest, or any new
Project-related activities (i.e., activities that were not ongoing when the nest was established) near
the nest, will be performed within the buffer until the young have fledged or the nest has been
determined to be inactive by a qualified biologist. Standard buffers are typically 100 feet for non-
raptors and 250 feet for raptors other than eagles (for which the buffer may be up to 1 mile). A
qualified biologist may determine that a reduced buffer is acceptable, taking into account dense
vegetation, topography, or structures that will block Project activities from view; the life history and
behavior of the bird species in question; and the nature (such as amount of noise, ground
disturbance, or activity of personnel and equipment) of the proposed activity. If a reduced buffer is
implemented, the qualified biologist will monitor bird behavior during work activities to the degree
necessary to determine whether the buffer should be increase.
Impact 3.4-10: Project activities would result in
adverse effects on special-status bats.
Mitigation Measure 3.4-10a: The Applicant shall implement the following measures prior to any
ground disturbance, vegetation removal, or other activities involving habitat impacts or movement of
Project personnel, vehicles, or heavy equipment for construction or for the start of mining activities
associated with each new mining phase to ensure that active pallid bat maternity roosts are not
destroyed or disturbed as a result of Project activities.
1. A qualified biologist retained by the Applicant shall conduct a habitat assessment of any riparian
or oak woodland within the Project area for high-quality pallid bat roost sites prior to the start of
any activities that will result in the removal of trees, use of heavy equipment, or night lighting. The
habitat assessment shall include all impact areas plus a surrounding 150-foot buffer. If the habitat
assessment concludes that any trees proposed for removal, or within 150 feet of areas where
heavy equipment will be operated or night lighting will occur, provide high-quality roosting habitat
for pallid bats (e.g., large cavities), the qualified biologist shall conduct a focused emergence
survey to determine whether the roost is occupied. The survey shall be performed within 15 days
prior to the start of construction or operations activities in a given Project phase. The survey shall
include monitoring of suitable cavities at dusk, on a warm, dry evening when bats would emerge,
to determine whether bats exit the roosts. Surveys may necessitate multiple qualified biologists
and the use of acoustic detection devices to ensure that any pallid bats present are detected. If no
pallid bats are detected emerging during the survey, no further measures are necessary. If pallid
bats are detected during the survey, the qualified biologist will identify an appropriate buffer to be
maintained around the roost during the maternity season (April 1 through July 31). The
dimensions of the buffer will be determined based on the nature of the construction or operational
activities proposed near the roost tree, the presence of dense vegetation or topography between
the Project activities and the roost, and any other relevant factors. No new activities (i.e., activities
that were not ongoing when the maternity season began) will occur within the buffer around the
roost tree during the maternity season.
Less than Significant
11.4.b
Packet Pg. 650 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
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Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
2. Pallid bat roost sites will be avoided and buffered, even outside the maternity season, if feasible. If
it is infeasible to avoid the removal of a roost tree, whenever feasible the tree shall be removed
only outside the maternity roost season and during seasonal periods of bat activity, when bats
would be best able to find alternative roost sites. Thus, whenever feasible tree removal would
occur only August 1 through October 15 or during March. Removal of these trees shall occur
under the supervision of a qualified biologist via a two-phased process over two consecutive days.
In the afternoon of the first day, limbs and branches shall be removed by a tree cutter using
chainsaws only. Limbs with cavities, crevices, or deep bark fissures shall be avoided, and only
branches or limbs without those features shall be removed. This disturbance would cause bats to
leave the roost that evening. On the second day, the entire tree shall be removed.
Mitigation Measure 3.4-10b: If a tree (or any other structure) containing a pallid bat maternity roost
must be removed as part of the Project, a qualified biologist shall design and determine an appropriate
location, on Sargent Ranch, for an alternative roost structure, based on the location of the original roost
and habitat conditions in the vicinity. The roost structure shall be built to specifications as determined
by a qualified biologist, or it may be purchased from an appropriate vendor, though the design must be
approved by a qualified biologist. The structure shall be placed as close to the impacted roost site as
feasible, though it will be located far enough from future Project activities so as to avoid disturbance of
bats using the roost. The Applicant shall monitor the roost for three years or until occupancy is
determined (whichever occurs first) to determine use by bats and submit annual reports verifying
monitoring results to the County Department of Planning and Development Department.
Impact 3.4-11: Project activities would result in
adverse effects on mountain lions and their habitat.
Mitigation Measure 3.4-11: The Applicant shall implement Mitigation Measures 3.4-4c, 3.4-5b, and
3.4-15.
Less than Significant
Impact 3.4-12: Project activities would result in
adverse effects on San Francisco dusky-footed
woodrats and their habitat.
Mitigation Measure 3.4-12a: The Applicant shall implement Mitigation Measure 3.4-4b.
Mitigation Measure 3.4-12b: The Applicant shall implement the following measures prior to any
ground disturbance, vegetation removal, or other activities in riparian or oak woodland for construction
or for the start of mining activities associated with each new mining phase to ensure that impacts to
active nests of woodrats as a result of Project activities are minimized.
No more than 15 days prior to initial vegetation removal or ground disturbance within suitable habitat
for the San Francisco dusky-footed woodrat, for each phase of construction and mining, a
preconstruction survey for woodrat nests shall be conducted by a qualified biologist retained by the
Applicant. The survey shall consist of walking through all areas of suitable habitat within the Project
work area looking for woodrat nests, both on the ground and in oak trees.
1. All woodrat nests detected within the survey area shall be flagged and mapped.
2. A minimum 10-foot buffer should be maintained between Project construction activities and each
nest to avoid disturbance. A smaller buffer may be allowed if, in the opinion of a qualified biologist,
removing the nest would be a greater impact than that due to Project activities.
3. If avoidance of active woodrat nests is not feasible (e.g., the nest is in the Project disturbance
area) the woodrats shall be evicted from their nests prior to the removal of the nests and onset of
ground-disturbing activities to avoid injury or mortality of the woodrats. The eviction of woodrats
Less than Significant
11.4.b
Packet Pg. 651 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
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Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
and dismantling of woodrat nests shall begin no earlier than one hour before sunset to allow
woodrats to escape under cover of dusk and avoid predators. A qualified biologist shall disturb the
woodrat nest to the degree that all woodrats leave the nest and seek refuge outside of the Project
activity area. Subsequently, the nest sticks shall be relocated; these materials will be gathered
onto a tarp and then piled at the base of a nearby tree or shrub outside of the activity’s impact
area. The spacing between relocated nests shall not be less than 20 feet, if feasible, to avoid
over-crowding.
4. If, during dismantling of a woodrat nest, young woodrats are detected, the nest will be left in place.
Qualified biologists will revisit the nest after 3 days to determine whether it is still active, or
whether the mother relocated the young to another area. Once the nest is determined to be
inactive or the young are large enough to disperse on their own, the nest will be dismantled and
the nest materials relocated.
Impact 3.4-13: Project activities would result in
adverse effects on American badgers and their
habitat.
Mitigation Measure 3.4-13: The Applicant shall implement the following measures prior to any ground
disturbance, vegetation removal, or other activities in natural (i.e., undeveloped) habitat for construction
or for the start of mining and reclamation activities associated with each new mining phase to ensure
that injury or mortality of American badgers as a result of Project activities is avoided.
a. Preconstruction surveys (occurring prior to all phases of ground disturbance or construction
activity throughout the Project life) conducted for burrowing owls shall also be used to determine
the presence or absence of badgers within the Project area, as well as within a 300-foot buffer
around the Project area. If an active badger den is identified during preconstruction surveys, a
construction-free buffer of 300 feet (or an alternate distance determined by a qualified biologist in
consultation with CDFW) shall be established around the den if feasible. If a 300-foot buffer is
infeasible, then the qualified biologist and CDFW shall determine whether a reduced buffer is
preferable to evicting the badger (which would likely be the case for a single badger).
b. During the period September 1 through the end of February, when young are unlikely to be
present in a burrow, if a badger den is located within the Project footprint, the den shall be
excavated by a qualified biologist to cause the badger to leave the area. Because badgers are
known to use multiple burrows in a breeding burrow complex, multiple dense may need to be
excavated. Ground disturbance can proceed only after all dens within the impact area have been
excavated to ensure that no badgers are present below-ground/
c. During the period March 1 through August 31, when young could be present within a burrow, a
biological monitor shall be present on the site during Project activities that occur within 500 feet of
any known or suspected badger den to ensure the buffer is adequate to avoid direct impacts to
individuals or den abandonment. Such monitoring shall occur until it is determined that young are
of an independent age such that Project development would not result in harm to individual
badgers. Once the biological monitor has determined that young badgers are old enough to leave
their natal den or have vacated the site, the burrows can be excavated, and ground disturbance
can proceed.
Less than Significant
11.4.b
Packet Pg. 652 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-33 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
Impact 3.4-14: Project activities would result in
substantial adverse effects on jurisdictional
wetlands, other waters, and riparian habitats.
Mitigation Measure 3.4-14a: Prior to issuance of any development permits, the Project Applicant shall
compensate for the estimated loss of any jurisdictional wetlands, ponds, creeks, and riparian habitat
that would occur over the Project’s permitted term through on-site or off-site restoration, creation, or
enhancement of similar or higher-quality habitat, the purchase of mitigation credits, or a combination of
these two approaches. A qualified biologist shall determine the extent of impacts based on the acreage
of overlap of Project construction and operations/mining areas on wetlands, ponds, and riparian habitat,
and the linear footage of creek channel within those Project impact areas. A minimum of a 1:1 (on an
acreage basis for wetlands, ponds, and riparian habitat and a linear footage basis for creeks)
replacement-to-loss ratio for in-kind habitat (or equivalent or greater as determined in coordination with
the USACE, CDFW, and RWQCB during permitting) is required. Enhancement of existing, low-quality
habitats (rather than restoration or creation) is acceptable if a substantial increase in ecological
functions and values can be achieved, as determined by a qualified biologist in coordination with the
USACE, CDFW, and RWQCB.
If mitigation is to be satisfied through purchase of mitigation credits in an agency-approved mitigation
bank, such as the Pajaro River Mitigation Bank (for wetlands), proof of the purchase of credits shall be
provided to the County Department of Planning and Development prior to the start of ground-disturbing
activities. If mitigation is to be satisfied through Project-specific habitat restoration, creation, or
enhancement, the mitigation shall be described in an HMMP, which shall be prepared by a qualified
biologist retained by the Applicant and submitted to the County Department of Planning and
Development for review and approval prior to the start of ground-disturbing activities. At a minimum, the
HMMP shall include the following:
• A summary of Project impacts to jurisdictional habitats;
• The location of all restoration, creation, or enhancement activities;
• Detailed description of all restoration, creation, or enhancement activities;
• Evidence of a suitable water budget to support any restored, created, or enhanced aquatic and
riparian habitats;
• The species, amount, and location of plants to be installed in the created habitats;
• The time of year for planting and the method for supplemental watering during the establishment
period;
• Management and maintenance activities, such as weeding of invasive plants, providing for
supplemental water, and repair of water delivery systems;
• The monitoring period, which shall not be less than five years.
• Criteria for mitigation efforts to be deemed a success; at a minimum, success for vegetated
wetlands and riparian habitats would include at least seventy-five percent (75%) cover by native
vegetation, or seventy-five percent (75%) survival of planted or seeded native riparian vegetation,
within the target mitigation acreage by the end of year five;
Less than Significant
11.4.b
Packet Pg. 653 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
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Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
• Adaptive management procedures that accommodate the uncertainty that comes with restoration
projects. These include, but are not limited to, measures to address colonization by invasive
species, unexpected lack of water, excessive foraging of installed plants by native wildlife, and
variable climatic conditions. This section will also describe the process by which adaptive
management decisions will be made and implemented;
• A description of the financial mechanisms for funding of all monitoring activities and ensuring that
the created aquatic and riparian habitats shall be preserved and managed in perpetuity.
Mitigation Measure 3.4-14b: The Project Applicant shall compensate for any loss of riparian habitat
that occurs along Sargent Creek adjacent to or downstream from Phases 3 and 4 as a result of a
reduction in streamflow as a result of mining. A baseline survey shall be conducted prior to initiation of
any earth-moving in Phases 3 and 4 to document the areal extent of woody riparian vegetation,
including mapping of canopy and native understory vegetation separately, within the entire reach of
Sargent Creek downstream from Pits 3 and 4. Mapping of these same parameters shall then be
conducted in the year following completion of reclamation in Phases 3 and 4 to determine whether any
decline in the overall extent of woody riparian canopy or native understory within this reach has
occurred and is caused by the Project. If any decline has occurred and is caused by the Project,
compensatory mitigation shall be provided via the restoration, creation, or enhancement of riparian
habitat, purchase of mitigation credits, or a combination of these two methods as described in
Mitigation Measure 3.4-14a (or as otherwise required to provide equivalent or greater mitigation by
regulatory agencies as a condition of Project permits), except that compensatory mitigation for
temporary changes in hydrology during mining shall be provided at a minimum ratio of 1.5:1
(mitigation:impact), on the basis of the acreage of decline in canopy or native understory, whichever is
greater, that has occurred since the baseline survey. This ratio is higher than the 1:1 replacement ratio
specified in Mitigation Measure 3.4-14a due to the temporal loss in riparian habitat functions and values
that will have occurred over the 20-30 year period and due to the higher-habitat quality along lower
Sargent Creek.
Unless all mitigation is provided via purchase of credits from a mitigation bank, an HMMP describing
Project-specific riparian habitat mitigation shall be prepared when the magnitude of the impact is known
(i.e., after completion of Phases 3 and 4 mining) and the mitigation location is known. Aside from the
mitigation ratio and the timing of preparation of the HMMP, mitigation shall occur exactly as described
in Mitigation Measure 3.4-14a.
Impact 3.4-15: Implementation of the Project would
interfere substantially with wildlife movement.
Mitigation Measure 3.4-15: The Applicant shall implement the following measures to reduce the
impacts of Project construction, operation, and reclamation on wildlife movement.
1. Fencing in and around the Project site shall be designed and configured to facilitate wildlife
movement around areas of intensive Project activity, such as facilitating movement around the
processing plant. Areas where fencing shall be designed to facilitate wildlife movement include
fencing along the outer edge of the Tar Creek riparian corridor (on both sides of the creek); the
eastern site boundary (along the edge of the existing railroad tracks), including the area north of
Tar Creek adjacent to the existing residence; the southern boundary of the processing plant area;
and areas immediately west and northwest of the processing plant area that would not be
occupied by mining activity. Such fencing shall incorporate the following components.
Significant and Unavoidable
11.4.b
Packet Pg. 654 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-35 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
a. Barbed-wire fencing shall consist of no more than five strands.
b. To facilitate wildlife crossing over and under fencing (except for fencing around the main
plant, which should not be designed for wildlife entry), a gap of at least 20 inches shall be
provided between the ground and the bottom wire, board, or rung to allow fawns to pass
under the fencing, and the top wire shall be no more than 40 inches high to allow more
mature deer to jump over.
c. Where fencing is not necessary for livestock management, a smooth (instead of barbed) wire
shall be used for the top and/or bottom strands.
d. At intervals of no more than every 200 feet, a segment of fencing at least 8 feet long with
wooden poles instead of a top strand of wire shall be provided to allow animals such as gray
foxes, mountain lions, and bobcats to more easily cross over the fencing.
e. No new fencing shall be installed along the entrance road or around the bridge over Tar
Creek, with the exception of a gate to allow control of vehicle access to the site.
2. Fencing at least 10 feet in height shall be installed around as much of the processing plant as
possible (on the north side adjacent to Tar Creek and as much of the east side as is feasible with
construction of the rail spur), and screening fabric shall be installed on that fencing to prevent light
spillover and block visible signs of physical activity (movement of people and equipment) from
view of wildlife outside the processing plant. The fencing details and specifications shall be
included in the Wildlife-Compatible Fencing Plan (described above) and reviewed and approved
by the County Department of Planning and Development.
3. The bridge over Tar Creek shall be designed to maximize open space where wildlife can cross
under the bridge (e.g., spaces between the abutments and top of bank shall be left as open as
possible). No new fencing shall be added at or around the bridge. Engineering plans for the Tar
Creek bridge shall be provided to the County Department of Planning and Development as part of
the processing plant building per or any grading permit submittal, whichever comes first.
4. Along Old Monterey Road between its junction with U.S. 101 and the entrance to the Project site,
the Applicant shall install signs shall be placed every ½-mile warning drivers to watch for animals
and to observe the speed limit, which shall be no more than 25 miles per hour to minimize vehicle
collisions and reduce vehicular noise. Such signage shall also be placed along the conveyor belt
access/maintenance road, indicating a speed limit of no more than 15 miles per hour.
5. At intervals of no less than every 1,000 feet, the conveyor shall be elevated so that the bottom of
the conveyor belt structure is at least 8 feet clear above the ground to facilitate movement of
larger animals under the belt.
Impact 3.4-16: Project activities would conflict with
County ordinances and policies intended to protect
biological resources.
Mitigation Measure 3.4-16a:
1. Prior to removal of any oaks, or any other trees protected under Section Sec. C16-3 of the
County’s Tree Preservation and Removal Ordinance, from the Project area, a tree removal plan
and arborist report shall be submitted identifying the species type, acreage, diameter, and amount
of canopy of oak trees or other protected trees proposed for removal. The report shall also
Less than Significant
11.4.b
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TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
designate oak woodland as high-quality or medium-quality for the purposes of establishing the
mitigation ratio. The arborist report shall be prepared by an I.S.A. Certified Arborist, Registered
Professional Forester, or another professional approved by the County Department of Planning
and Development. Reports may be submitted separately for the construction phase and by Project
mining phase, prior to the start of tree removal within each phase.
2. The Applicant shall implement both of the following two measures to compensate for the loss of
any oak woodland habitat to ensure that it complies with the County of Santa Clara Planning
Office Guide to Evaluating Oak Woodlands Impacts.
• Planting Replacement of Oak Trees. New oak trees shall be planted on the Project site
to compensate for lost oaks, though the planting of new oak trees shall not fulfill more
than fifty percent (50%) of the mitigation requirement for the Project. The objective of
tree planting shall be to establish new oak woodland at a ratio of 2:1 or 3:1 based on the
condition of the oak woodland habitat: 2:1 replacement is required for medium-quality
oak woodland habitat; and 3:1 replacement is required for high-quality oak woodland
habitat. The following standard mitigation ratios shall be used, unless a different ratio is
approved by the County Department of Planning and Development based on site-
specific characteristics associated with the mining phases:
o For the removal of one small tree (5 to 18 inches): two 24-inch boxed trees or three
15-gallon trees.
o For the removal of 1 medium tree (18 to 24 inches): three 24-inch boxed trees or
four 15-gallon trees.
o For the removal of a tree larger than 24 inches: four 24-inch boxed trees or five 15-
gallon trees.
Tree replacement shall be with like species unless alternate species are approved by
the County. A Tree Planting and Maintenance Plan shall be submitted for County review
and approval showing species, size, spacing and location of plantings and the location
and species of established vegetation. Tree plantings shall be monitored for five years
following planting, and a survival rate of seventy-five percent (75%) shall be required.
Should the planted trees fail to meet the established performance and survival criteria,
the Project Applicant shall be responsible for additional plantings and management
activities necessary to ensure the long-term success of planted mitigation trees.
• Conservation Easement. For mitigation of the remaining oak woodlands impacts not
mitigated by planting replacement oak trees, existing native oak trees on or off the
Project area shall be protected from future development through a conservation
easement in perpetuity or fee title dedication to the County or other qualified entity
approved by the County, through inclusion in the conservation easement referenced in
Mitigation Measure 3.5-4b Oak woodland offered as mitigation must be configured in
such a manner as to best preserve the integrity of the oak ecosystem and minimize the
11.4.b
Packet Pg. 656 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
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TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
ratio of edge to area. Priority should be given to conserving oak habitat adjacent to
existing woodlands under conservation easements, public lands, or open space lands.
The protection of existing oak woodlands through conservation easements shall
mitigate for the loss of oaks at a ratio equal to 2:1 (for medium quality oak woodland
habitat) or 3:1 (for high quality oak woodland habitat) as determined by the County of
Santa Clara Department of Planning and Development. Land proposed as mitigation,
when viewed with adjacent protected conservation land, should not result in conserved
parcels of less than one acre.
Mitigation Measure 3.4-16b: The Applicant shall provide mitigation to compensate for impacts to
ordinance trees in compliance with Section Sec. C16-7 of the County’s Tree Preservation and Removal
Ordinance. Mitigation provided per Mitigation Measure 3.4-16(2) for oak tree replacement will satisfy
mitigation requirements for impacts to ordinance-sized oak trees. For other tree species, the Applicant
will prepare a replanting and/or re-vegetation plan for all ordinance-sized trees to be removed.
Replacement trees shall be of a like kind and species of tree removed, if native and feasible, or of a
kind and species to be determined by the Planning Department. The replacement tree(s) need not be in
the same location of the tree removed, but the replacement trees will be planted somewhere on
Sargent Ranch. Replacement tree size and ratio shall be as follows:
o For the removal of one small tree (5 to 18 inches): two 24-inch boxed trees or three
15-gallon trees.
o For the removal of 1 medium tree (18 to 24 inches): three 24-inch boxed trees or
four 15-gallon trees.
o For the removal of a tree larger than 24 inches: four 24-inch boxed trees or five 15-
gallon trees.
Impact 3.4-17: The Project activities could
contribute to the cumulative loss of special-status
plant species.
Mitigation Measure 3.4-17: The Applicant shall implement Mitigation Measures 3.4-1a, b, and c. Less than Significant
Impact 3.4-18: The proposed Project could
contribute to cumulative increases in nitrogen
emissions that could result in adverse effects on
habitat for the Bay checkerspot butterfly and rare
serpentine-associated plants located off-site.
None required. Less than Significant
Impact 3.4-19: Project activities could contribute to
a cumulative degradation of habitat for special-
status fish.
Mitigation Measure 3.4-19: The Applicant shall implement Mitigation Measure 3.4-3. Less than Significant
Impact 3.4-20: Project activities could contribute to
cumulative harm to protected terrestrial species and
loss of their habitats.
Mitigation Measures 3.4-20: The Applicant shall implement Mitigation Measures 3.4-1c, 3.4-4a
through 3.4-4c, 3.4-5a and 3.4-5b, 3.4-6, 3.4-7, 3.4-8a and 3.4-8b, 3.4-9, 3.4-10a and 3.4-10b, 3.4-11,
3.4-12a and 3.4-12b, and 3.4-13.
Less than Significant
11.4.b
Packet Pg. 657 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
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TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
Impact 3.4-21 The Project activities could contribute
to the cumulative loss of jurisdictional wetlands,
other waters, and riparian habitats.
Mitigation Measures 3.4-21: The Applicant shall implement Mitigation Measures 3.4-1c, 3.4-14a and
3.4-14b.
Less than Significant
Impact 3.4-22: The Project activities could
contribute to the cumulative impairment of wildlife
crossings.
Mitigation Measure 3.4-22: The Applicant shall implement Mitigation Measure 3.4-15. Significant and Unavoidable
Impact 3.4-23: The Project activities could
contribute to the cumulative loss of oaks and oak
woodlands.
Mitigation Measures 3.4-23: The Applicant shall implement Mitigation Measures 3.4-1b, 3.4-1c, 3.4-
16a, and 3.4-16b.
Less than significant
Cultural and Tribal Resources
Impact 3.5-1: The project would cause a substantial
adverse change in the significance of known
historical or archaeological resources.
Mitigation Measure 3.5-1
a. Resource Avoidance/Protection. Roads used by the Project, such as existing roads that cross
identified resources (CA-SCL-577/H and CA-SCL-578/H) during construction, operations, and
reclamation. If resources cannot be avoided, but grading shall be capped through use of durable
materials to ensure that wear and tear by vehicles of the road surface does not disturb the road
bed and damage archaeological deposits, or burials located underneath. No ground disturbance
below the existing grade shall occur. In addition, fencing shall be used to prevent vehicles from
leaving the access roads where they are adjacent to identified resource sites. The Applicant shall
submit archaeological and historic resource protection plans to the County Department of
Planning and Development for review and approval prior to any project construction.
b. Archaeological Testing Program for Known and Unrecorded Resources. For areas where
ground disturbance would occur, the Applicant shall retain a qualified archaeological consultant to
prepare an Archaeological Testing Program (ATP) that covers each of the three project phases:
construction, mining, and reclamation. The ATP shall identify the type of archaeological resources
that could potentially be disturbed by the proposed Project, the testing method to be used, and the
locations recommended for testing based on sensitivity mapping for areas identified as having
high to highest sensitivity, as well as and the location of known resources. The purpose of the
ATP will be to determine whether archaeological materials are present and evaluate whether the
materials constitute an historical resource. The ATP shall focus on areas that are of high to
highest sensitivity, as well as those that are in the vicinity of CA-SCL-578/H, and would apply
during all phases of the project. Disturbance shall not occur in areas where newly-discovered
significant cultural resources are identified; newly-discovered significant cultural resources shall
be avoided if feasible, with data recovery only if avoidance is not feasible, consistent with CEQA
Guidelines § 15126.4(b).
The Applicant shall submit the draft ATP to the County Department of Planning and Development
and to a designated representative of the Amah Mutsun Tribal Band for review. The County and
Tribal representative shall have 45 days to review and comment on the draft ATP. The qualified
Less than Significant
11.4.b
Packet Pg. 658 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
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TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
archaeological consultant shall then update the draft ATP to incorporate relevant comments and
resubmit a final ATP to the County and Tribal representative. Testing shall not begin until the
County Department of Planning and Development has approved the final ATP.
Testing shall be conducted by the archaeological consultant and observed by a monitor
designated by the Amah Mutsun Tribal Band in accordance with the approved Archaeological
Monitoring Program (AMP), as described further in Mitigation Measure 3.4-1c.
At the completion of activities associated with the ATP, the archaeological consultant shall submit
a written report of findings to the County of Santa Clara Department of Planning and Development
and Tribal representative for review. If, based on the ATP, the archaeological consultant finds that
potentially eligible archaeological resources are present, the archaeological consultant shall
consult (as part of one in-person meeting or conference call) with the County Department of
Planning Development and the Tribal representative to determine if additional measures are
warranted during testing. Additional measures that may be undertaken include specialized
archaeological testing methods and/or an archaeological data recovery program.
c. Archaeological Monitoring Program for Known and Unrecorded Resources. Following
completion of the ATP, the Applicant shall prepare and the County Department of Planning and
Development shall implement an Archaeological Monitoring Program (AMP) in consultation with
the archaeological consultant and the Tribal representative. The AMP shall include the following:
• Prior to any ground-disturbing activities related to the development of the Project throughout
the Project life, including access roads, the free-span bridge over Tar Creek, mining areas,
and processing facilities, the following shall occur:
i. The County, in consultation with the archaeological consultant and Tribal
representative, shall determine what Project activities shall be monitored.
ii. All ground-disturbing activities (outside of the low sensitivity areas of Phases 1 and 2),
such as demolition, excavation, grading, utilities installation, etc., shall require
archaeological and Native American monitoring because of the risk these activities pose
to potential buried archaeological resources and to their depositional context.
• The Native American monitor shall be designated/approved by the Amah Mutsun Tribal
Band to monitor ground-disturbing activities at the Project proponent’s expense. The terms
of Native American monitoring shall be determined prior to the onset of monitoring activities,
including requirements for prior notice of areas to be disturbed and provisions if a
designated monitor is unavailable. The Native American monitor shall be notified at least 30
days prior to onset of construction, and at least 14 days in advance of when and where new
ground disturbance will occur. The Native American monitor shall be present at all times that
the archaeological monitor is present, unless the Native American monitor determines that
his/her presence is not required at a particular location. If the Native American monitor does
not arrive or is not present as scheduled, Project work may continue in the monitor’s
absence..
11.4.b
Packet Pg. 659 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
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TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
• The archaeological monitor and Native American monitor shall advise Project contractors to
be alert for evidence of archaeological resources, how to identify archaeological resources,
and of appropriate protocol in the event of discovery of an archaeological resource.
• The archaeological monitor and Native American monitor shall be present on the Project
area according to a schedule agreed upon by the archaeological consultant and County
(generally during ground-disturbing activities) until the County has, in consultation with the
Project archaeological consultant and Tribal representative, determined that Project
construction activities in the particular disturbance area could have no effects on significant
archaeological deposits.
• The archaeological monitor shall record and be authorized to collect soil samples and
material of archaeological or historical interest as warranted for analysis.
• If an intact archaeological deposit is encountered, ground-disturbing activities in the vicinity of
the deposit shall cease. The archaeological monitor shall temporarily redirect ground-
disturbing activities until the deposit is evaluated. The archaeological consultant shall
immediately notify the County Department of Planning and Development of the encountered
archaeological deposit. The archaeological consultant shall make a reasonable effort to
assess the identity, integrity, and significance of the encountered archaeological deposit, and
present the findings of this assessment in a report submitted to the County and Tribal
representative. Should archaeological resources with ties to Native Americans be
discovered, the archaeological monitor shall immediately notify the County Coordinator of
Indian Affairs.
The draft AMP shall be submitted to the County Department of Planning and Development and to
a designated representative of the Amah Mutsun Tribal Band for review. The County and Tribal
representative shall have two weeks to review and comment on the draft AMP. The qualified
archaeological consultant shall then update the draft AMP to incorporate relevant comments and
resubmit a final AMP to the County and Tribal representative. Testing shall not begin until the
County has approved the final AMP.
d. Archaeological Data Recovery Program for Known and Unrecorded Resources If an eligible
archaeological resource is determined to be present as part of the ATP or AMP, then the
Applicant shall implement an archaeological data recovery plan (ADRP) to be prepared by the
Applicant. The archaeological consultant, County Department of Planning and Development staff,
and Amah Mutsun Tribal Band representative shall consult (as part of one conference call or in-
person meeting) on the scope of the ADRP prior to preparation of a draft ADRP.
The ADRP shall be consistent with the requirements of CEQA Guidelines Section 15126.4(b)(3). It
shall identify how the proposed data recovery program will preserve the relevant information the
archaeological resource contains, identify what scientific/historical research questions are
applicable to the resource, what data classes the resource possesses, and how the data classes
would address applicable research questions. Destructive data recovery methods shall not be
applied to portions of the archaeological resources if nondestructive methods are practical. The
scope of the ADRP shall also include the following elements:
11.4.b
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TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
• Descriptions of proposed field strategies, procedures, and operations;
• Additional measures that should be undertaken if Native American resources are unearthed;
• Description of selected cataloguing system and artifact analysis procedures;
• Description of and rationale for field and post-field discard and deaccession policies;
• Consideration of an off-site public interpretive program during the course of the ADRP;
• Recommended security measures to protect the archaeological resource from vandalism,
looting, and non-intentionally damaging activities;
• Description of proposed final report format and distribution of results; and
• Description of the procedures and recommendations for the curation of any recovered data
having potential research value, identification of appropriate curation facilities, and a
summary of the accession policies of the curation facilities.
The draft ADRP shall be submitted to a designated representative of the Amah Mutsun Tribal
Band and to the County Department of Planning and Development for review. The Tribal
representative and County shall have two weeks to review and comment on the draft ADRP. The
qualified archaeological consultant shall then update the draft ADRP to incorporate relevant
comments and resubmit a final ADRP to the County and Tribal representative. Data recovery shall
not begin until the County has approved the final ADRP.
e. Final Archaeological Resources Report for Known and Unrecorded Resources. The
Applicant shall retain the services of the archaeological consultant, who shall submit a Draft Final
Archaeological Resources Report (FARR) to the County Department of Planning and
Development describing the historical significance of discovered archaeological resources and
describing the archaeological and historical research methods employed in the archaeological
testing/monitoring/data recovery programs undertaken. Information that may put at risk (such as
resource locations) any archaeological resource shall be provided in a separate removable insert
within the final report. Once approved by the County, copies of the FARR (including any formal
site recordation forms and/or documentation for nomination to the National Register of Historic
Places and California Register of Historic Resources) shall be distributed to the California
Archaeological Site Survey Northwest Information Center, County of Santa Clara Department of
Planning and Development, and Tribal representative.
Impact 3.5-2: Implementation of the proposed
Project could damage unrecorded subsurface
prehistoric and historic archaeological resources.
Mitigation Measure 3.5-2: Implement Mitigation Measure 3.5-1. Less than Significant
11.4.b
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TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
Impact 3.5-3: The Project could disturb any human
remains, including those interred outside of
dedicated cemeteries.
Mitigation Measure 3.5-3a: Implement Mitigation Measures 3.5-1.
Mitigation Measure 3.5-3b: In the event that human remains are discovered during ground-disturbing
activities and/or grading at the site, the Applicant shall stop all activity within a 50-foot radius of the find.
The County Coroner shall be notified immediately and shall make a determination as to whether the
remains are of Native American origin or whether an investigation into the cause of death is necessary
(as required by Health and Safety Code Section 7050.5, Public Resources Code Section 5097.98, Title
14 California Code of Regulations Section 15064.5(e), and County Ordinance Number B6-18). If the
remains are determined to be Native American, the Coroner shall notify the NAHC within 24 hours of
this determination. Once the NAHC identifies the most likely descendants, the descendants shall make
recommendations regarding proper burial (including the treatment of grave goods). No further
disturbance of the site shall be made except as authorized by the County Coordinator of Indian Affairs
and NAHC in accordance with the provisions of state law and the County Ordinance.
Less than Significant
Impact 3.5-4: The Project would cause a substantial
adverse change in the significance of tribal cultural
resources.
Mitigation Measure 3.5-4a: Implement Mitigation Measures 3.5-1 and 3.5-3b.
Mitigation Measure 3.5-4b: To partially offset and compensate for impacts to the three
specific TCRs, and to compensate for the loss and disturbance of those portions of the
physical landscape of the JTCL that are within the Project site, the property
owner/applicant shall record a conservation easement in accordance with Civil Code
section 815 et seq. The conservation easement shall be conveyed by the property
owner/applicant to any entity identified in Civil Code section 815.3, and verified by the
County prior to any ground disturbance. The conservation easement shall include a
minimum two acres for every one acre disturbed by the Project (total disturbed acreage of
the Project is 403.3 acres), and shall include the Project site itself upon completion of
reclamation. In addition, the conservation easement shall include an area outside the
Project site of comparable size to the acreage disturbed by the Project. The boundaries of
the offsite easement shall be determined by the County in consultation with the Amah
Mutsun Tribal Band, and shall include areas and/or resources that are of particular
important in their contribution to the JTCL, such as identified tribal cultural resources,
riparian areas and /or specific oak trees.
The conservation easement shall prohibit all uses and development that are not already
legally occurring prior to Project approval, except for environmental restoration activities,
including biological resource compensatory mitigation measures identified in this EIR and
restoration of the JTCL, which may be allowed with the appropriate governmental approval
and permits. Consistent with Public Resources Code section 21084.3(b)(3), this mitigation
measure will ensure the land within the conservation easement is substantially preserved
and/or restored in its current natural state, thereby preventing development or disturbance
from new uses that could adversely affect the JTCL.
Significant and Unavoidable
Impact 3.5-5: The Project would cause a substantial
adverse change in the significance of the Juristac
Tribal Cultural Landscape.
Mitigation Measure 3.5-5a: Implement Mitigation Measures 3.5-1, 3.5-3b and 3.5-4b. Significant and Unavoidable
11.4.b
Packet Pg. 662 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
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TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
Mitigation Measure 3.5-5b: Prior to commencement of any vegetation removal or ground disturbance,
the Project Applicant shall prepare and submit, to the satisfaction of the Director of Planning, or Director’s
designee, evidence that the following actions have been satisfied:
i. After seeking consultation with the Amah Mutsun Tribal Band (AMTB), refine the plant list provided in
Appendix F of Gathering Voices Past and Present (2021) to identify those plants that contribute to
the significance of the JTCL as a Tribal Cultural Resource, and that could be present within the
Project site.
ii. Prepare a survey of the Project site to identify the plant species identified in the plant list.
iii. Determine the extent of Project impacts based on the number of individuals impacted and the
acreage of habitat occupied by each plant species on the plant list. The survey shall be conducted
by a qualified plant biologist.
iv. Plant species:
(a) For species on the plant species that are also federal or state-listed special-status plant species,
implement Mitigation Measure 3.4-1, which requires compensatory mitigation for the loss of special-
status plants.
(b) For species on the plant list that are not federal or state-listed special-status, compensatory
mitigation shall be provided by preservation and management of another, existing on-site or off-site
population within the JTCL boundary. Habitat occupied by the affected species shall be preserved
and managed in perpetuity at a minimum 1:1 mitigation ratio (at least one plant preserved for each
plant affected, and also at least one occupied acre preserved for each occupied acre affected for the
affected plant species).
v. In addition to 1:1 preservation as described in 3.5-5b.iv, the restoration area shall be enhanced by
transplanting individual plants or seeds from the Project site as appropriate.
vi. Plant species in the preservation areas shall be monitored using specific, objective final criteria and
performance criteria, monitoring methods, data analysis, reporting requirements, and monitoring
schedule. At a minimum, performance criteria shall include demonstration that any plant population
fluctuations over the monitoring period do not indicate a downward trajectory in terms of reduction in
numbers and/or occupied area for the preserved mitigation population that can be attributed to
management (i.e., that are not the result of local weather patterns, as determined by monitoring of a
nearby reference population, or other factors unrelated to management).
Impact 3.5-6: The Project could contribute to
cumulative adverse changes in known historical or
archaeological resources.
Mitigation Measure 3.5-6: Implement Mitigation Measure 3.5-1. Less than Significant
Impact 3.5-7: The Project could contribute to
cumulative adverse changes in unrecorded
subsurface prehistoric and historic archaeological
resources
Mitigation Measure 3.5-7: Implement Mitigation Measure 3.5-1. Less than Significant
11.4.b
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TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
Impact 3.5-8: The Project could contribute to
cumulative disturbance of human remains, including
those interred outside of dedicated cemeteries.
Mitigation Measure 3.5-8: Implement Mitigation Measures 3.5-1 and 3.5-3b. Less than Significant
Impact 3.5-9: The Project could contribute to
cumulative adverse changes in the significance of
tribal cultural resources.
Mitigation Measure 3.5-9: Implement Mitigation Measures 3.5-1 and 3.5-3b, 3.5-4b and 3.5-5b. Significant and Unavoidable
Energy
Impact 3.6-1: Construction, operation and
maintenance, and reclamation of the Project would
increase the use of energy resources, but would not
result in significant wasteful, inefficient, or
unnecessary consumption of energy.
None required. Less than Significant
Impact 3.6-2: Construction, operation and
maintenance, and reclamation of the Project could
conflict with or obstruct a state or local plan for
renewable energy or energy efficiency.
None required. Less than Significant
Impact 3.6-3: The Project could contribute to
cumulative increases in the energy use.
None required. Less than Significant
Geology, Soils, and Paleontological Resources
Impact 3.7-1: Seismic hazards could cause adverse
effects including the risk of loss, injury, or death
during a seismic event.
None required. Less than Significant
Impact 3.7-2: Excavation of quarry pits and
reclamation would increase the potential for slope
instability and slope failure.
Mitigation Measure 3.7-2a: This mitigation measure applies to the mining pits during mining and
reclamation. Throughout the mining operation and reclamation slope grading, the Applicant shall retain
a licensed geotechnical engineer to inspect the mining area and monitor construction of the quarry cut
slopes twice annually and each time a new 30-foot bench has been excavated. Upon completion of
each inspection, the geotechnical engineer shall submit a report to the County and Applicant detailing
observations of subsurface conditions, descriptions of potential in-slope failure mechanism (i.e., failure
planes, faults, jointing, existing failure planes, and groundwater seepage) or any other concerns
regarding the stability of the cut slopes. The geotechnical engineer shall prescribe remedial actions that
shall be implemented by the Applicant. Remedial actions could include adjustments to proposed slope
configurations (i.e., decreasing slope angle or attitude), additional groundwater seepage management,
removal of failure-prone materials, and/or performing additional data collection and slope stability
monitoring. After the report has been reviewed and approved by the County Department of Planning
and Development, the Applicant shall implement the remedial actions in compliance with a timeline
established by the County.
Less than Significant
11.4.b
Packet Pg. 664 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-45 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
Mitigation Measure 3.7-2b: This mitigation measure applies to the mining pits during mining. During
quarry operation, the Applicant shall implement a combination of the following measures to ensure
slope stability:
• Localized layback, earth buttresses, and/or stabilization fills of individual slopes to accommodate
for unfavorable bedding. This measure would be required when bedding is observed to be
oriented and inclined and/or daylights toward the mining pit. This condition could indicate inherent
instability in the slope.
• Remedial grading to remove in-place clayey topsoil/colluvium below the proposed stockpiles. This
measure would remove potentially unstable or weak topsoil and loose colluvium from the base of
the stockpile to ensure the stockpile is founded on competent material, reducing the likelihood of
failure.
• Waste pile buttress fills or backfill to contain or mitigate surficial and/or minor translational failures.
This measure would be implemented when beds are observed to be oriented and inclined and/or
daylight toward the mining pit and appear to have the potential to fail.
• For groundwater seepage, dewatering by horizontal drains, deep cutoff trenches, or gabion
buttresses. Removal of groundwater would be necessary to reduce failure potential in a slope.
Groundwater increases the potential of failure by adding weight to the slope and reducing the
friction forces in soils and rock.
Observation and inspection during excavation of the quarry pits by a California Certified Engineering
Geologist retained by the Applicant shall occur at a minimum of twice per year or any time that mining
operations encounter conditions that vary significantly from conditions described in the Project’s
geotechnical slope stability report, for the term that the quarry is operational. The Engineering
Geologist shall submit a report for review and approval to the County of Santa Clara Department of
Planning and Development recommending any additional operational measures deemed necessary to
ensure slope stability.
Mitigation Measure 3.7-2c: This mitigation measure applies to the mining pits during reclamation.
Prior to reclamation slope grading, the Applicant shall develop proposed final slope configurations that
address and improve the factors of safety (FS) that are less than 1.0 under seismic loading conditions.
The Applicant shall demonstrate in its analysis, that a pseudo static FS of 1.0 or greater will be
achieved by mitigation strategies such as placement of soil buttresses at the toe of slopes vulnerable to
failure under seismic loading. In conjunction with Mitigation Measures 3.7-2a and 3.7 2b, the analysis
and mitigation strategies prescribed by the measure would provide the supplemental information
needed to demonstrate compliance with SMARA at reclamation.
Impact 3.7-3: Activities associated with
construction, mining and reclamation could result in
accelerated erosion and loss of topsoil.
None required. Less than Significant
11.4.b
Packet Pg. 665 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-46 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
Impact 3.7-4: The site soils would not be
incompatible with the proposed On-Site Wastewater
Treatment System (OWTS).
None required. Less than Significant
Impact 3.7-5: Project excavation and grading could
adversely affect paleontological resources.
Mitigation Measure 3.7-5: This measure applies to construction of the Phase 3 and 4 conveyor belt
and access road within areas mapped as Etchegoin Formation (Te) with a PFYC of 4 (high), as well as
to all ground-disturbing activities (whether considered construction or operation) within the mining pits
(Phases 1 through 4) and geotechnical setback areas.
The Applicant shall retain a qualified paleontologist meeting Society of Vertebrate Paleontology (SVP)
standards to oversee the preparation of a paleontological resources monitoring plan (PRMP). The
PRMP shall be prepared prior to the start of construction and mining activities, reviewed and approved
by the County Department of Planning and Development, and implemented by a qualified
paleontologist. The PRMP shall provide guidance for paleontological field surveys, fossil sampling, spot
checking/monitoring, reporting, curation, and on-call response to fossil discoveries that occur for the
duration of the Project construction and operation. The PRMP shall detail the following components:
a) Worker Training. The qualified paleontologist shall prepare and implement a worker training
program to inform construction and mining personnel of the possibility for fossil discoveries. The
training program shall provide an overview of the paleontological sensitivity of the site and the
potential to uncover fossil remains. The training program shall instruct personnel to immediately
inform their supervisor if any bones, teeth, or other substantial fossil remains are unearthed. In
such a case, workers shall immediately cease activity within a 50-foot radius of the discovery site
until a qualified paleontologist can examine and evaluate the find per item (b) below. Work may
not resume in the discovery area until it has been authorized by the County. The training shall be
provided to new personnel prior to beginning work on the site and such trainings should be
coordinated with the site manager and should coincide with spot checking/sampling visits.
Verification of training will be provided as an appendix to the annual report submitted to the
County Department of Planning and Development described in item (f).
b) Evaluation and Salvage of Fossils. If any bones, teeth, or other fossil remains are unearthed in
the course of ground disturbance, work will cease as directed in item (a) and a qualified
paleontologist will examine and evaluate the find. In the event that the qualified paleontologist
deems the fossil significant according to SVP Guidelines (2010) and recommends it for curation,
the qualified paleontologist shall propose salvage measures in consultation with the Applicant, and
the salvage measures shall be reviewed and approved by the County Department of Planning and
Development and shall be carried out by or under the direct supervision of the qualified
paleontologist. Curation shall follow the process directed in item (e).
c) Paleontological Survey. At least 30 days prior to the start of surface disturbance in any new
portion of the Project site that is not low potential (e.g., at the beginning of the Project construction
period, when construction on the Phase 3 and 4 access road and conveyor belt begins, or when
excavation of a new mining phase begins), a paleontological survey shall be conducted by a
qualified paleontologist for the area to be disturbed to allow for in situ documentation and
collection of surficial fossils. Following each survey, a paleontological survey memorandum shall
Less than significant for construction;
significant and unavoidable for
operation.
11.4.b
Packet Pg. 666 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-47 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
be prepared. The first survey memorandum prior to the start of construction shall be submitted
immediately upon completion to the County Department of Planning and Development.
Subsequent surveys during the life of the Project can be compiled and submitted as part of the
annual paleontological mitigation report described in item (f).
d) Spot Checks During Mining. A qualified paleontologist shall conduct periodic spot checks (at
least six times per year) for the duration of mining activities that impact native Etchegoin
Formation (Te), unnamed claystone (Tn), and Pleistocene older alluvium (Qoa). This includes all
of Phases 1 through 4. The qualified paleontologist shall check for the presence of any recently
uncovered macrofossils or layers that should be sampled for microfossils. The need for,
frequency, and timing of the spot checks shall be outlined in the PRMP, and during
implementation the actual need, frequency, and timing shall be based on the PRMP and
coordinated with the Applicant based on real-time excavation activities and locations. The
frequency of spot-checking efforts in a given portion of the quarry area may be reduced at the
recommendation of the qualified paleontologist with approval from the County Department of
Planning and Development if it is determined that only previously disturbed, imported, or
Holocene-age alluvial sediments are being impacted, or if sediments are deemed to be non-
conducive to fossil preservation. Dates and results of spot checks shall be recorded and reported
as described in item (f).
e) Sample Identification and Curation. The qualified paleontologist shall ensure that all fossils and
bulk matrix samples collected at the Project site during work stoppages (if resources are found
during ground disturbance), paleontological surveys, or spot checks are removed to a secure
paleontological laboratory within 30 days of collection from the field for preparation to the point of
identification and curation in accordance with SVP Guidelines (2010). All data, including the
results of the analysis and research on the fossil collection, shall be compiled along with the fossil
specimen inventory and detailed paleontological locality forms, maps, and photos for inclusion in
the annual paleontological mitigation report described in item (f).
f) Annual Reporting. The annual paleontological mitigation report shall be submitted to the County
Department of Planning and Development and, if fossils are discovered, to the University of
California Museum of Paleontology (or other equivalent fossil repository). The annual
paleontological mitigation report shall also include dates of field work, results of spot checking,
survey and sampling, fossil analyses, significance evaluation, conclusions and future
recommendations, locality forms, and an itemized list of specimens. Detailed survey reports and
verification of new mining personnel paleontology trainings shall be included as appendices. The
PRMP shall identify an annual due date for the report.
Impact 3.7-6: The Project would contribute to the
cumulative loss of paleontological resources.
Mitigation Measure 3.7-6: Implement Mitigation Measure 3.7-5 (requiring worker training, surveys,
spot checks, curation, and annual reporting).
Significant and Unavoidable
11.4.b
Packet Pg. 667 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-48 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
Greenhouse Gas Emissions
Impact 3.8-1: The Project would generate
greenhouse gas emissions directly and indirectly,
contributing to global climate change.
Mitigation Measure 3.8-1a: Prior to the commencement of the construction activities, the Applicant
shall purchase offset credits in the amount of 7,408 metric tons CO2e. This amount represents
amortized construction emissions plus estimated first year operational emissions. The Applicant shall
provide verification to the County that carbon offset credits have been purchased.
The Applicant shall prioritize offsets within Santa Clara County, BAAQMD boundaries, the rest of
California, and from other states with offset laws at least as strict as California’s, in order of preference.
The carbon offset credits shall be real, permanent, quantifiable, verifiable, additional, and enforceable,
as defined by 17 CCR 95802. Offset protocols must also be consistent with CARB requirements under
17 CR 95972. Carbon offsets must meet these requirements and be purchased from offset programs
verified by a recognized third-party registry such as the American Carbon Registry, Verra, or Climate
Action Reserve. For each subsequent year of Project operations, the Applicant shall choose one of the
following options.
1. Option 1: The Applicant shall continue to make the offset payment each subsequent year in the
complete amount of 7,408 metric tons CO2e.
2. Option 2: The Applicant shall purchase offset credits in the amount of 7,408 metric tons CO2e
minus the difference between 7,408 metric tons and the actual CO2e emissions that the project
generated in the prior year. Based on actual Project construction and/or subsequent year
operational activities that resulted in GHG emissions, the Applicant shall calculate annual GHG
emissions, including consideration of any measures that have been taken to reduce project GHG
emissions, and provide emissions estimates to the County for review and approval. Within 60
days of County approval of the estimated emissions, the Applicant shall provide verification to the
County that carbon offset credits have been purchased for the amount identified by the County-
approved emissions estimates.
Mitigation Measure 3.8-1b: For construction and operational off-road equipment, the Applicant shall
replace diesel and gasoline-powered vehicles with electric or other low or zero-GHG emissions equipment
as feasible, based on availability of the technology and whether the cost would be prohibitive. In addition,
biodiesel or renewable diesel shall replace traditional petroleum-based diesel to fuel off-road equipment
where feasible, based on availability of the technology and whether the cost would be prohibitive. Any
resulting changes to the Project fleet or fuel type shall be reflected in the calculations of GHG emissions
for Option #2 of Mitigation Measure 3.8-1a. Prior to the commencement of construction activities, and
every five years afterward, the Applicant shall provide the County with a report for County review and
approval describing the feasibility of using low carbon-emitting equipment and fuels for the Project.
Mitigation Measure 3.8-1c: If and when electric haul trucks are used for product hauling associated
with the Project, the Applicant shall install conduit and EV charging stations at locations where trucks
will be parked or idling. The Applicant shall notify the County when installation of conduit and EV charging
stations is completed, following which the County shall verify installation. Any resulting changes to the
Project fleet shall be reflected in the calculations of GHG emissions for Options #2 in Mitigation Measure
3.8-1a. This mitigation measure will also reduce future NOx emissions from trips to the site.
Less than Significant
11.4.b
Packet Pg. 668 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-49 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
Impact 3.8-2: The Project could conflict with an
applicable plan, policy, or regulation adopted for the
purpose of reducing the emissions of GHGs.
Mitigation Measure 3.8-2: Implement Mitigation Measures 3.8-1a through 3.8-1c. Less than Significant
Hazards and Hazardous Materials
Impact 3.9-1: The Project would routinely transport,
use, and disposal of hazardous materials, which
could pose a risk to human health and/or the
environment.
None required. Less than Significant
Hazards and Hazardous Materials (cont.)
Impact 3.9-2: The Project could create a hazard to
the public or the environment through accidental
release of existing soil contaminants, such as
historic pesticide residues, into the environment.
Mitigation Measure 3.9-2: The Project Applicant shall analyze and remove suspected residual
pesticides in corral on-site soils. This measure applies to construction and mining and applies only to
the corral area soils identified in the Phase I Environmental Site Assessment. Specifically, the Applicant
shall implement the following:
a) Prior to issuance of a grading permit or any soil-disturbing activities, including placement of
overburden material, within the corral area (shown on Figure 3 in Appendix H), the Project
Applicant shall have soil samples collected and analyzed by a qualified environmental
professional to determine if residual pesticides are present in on-site soils within the corral area. If
residual pesticides are detected at levels that exceed regulatory thresholds, the geographical and
vertical extent of contamination shall be identified, and recommendations for a Health and Safety
Plan and methods for cleanup shall be implemented, as applicable. This work shall be performed
under the oversight of the County’s Site Cleanup Program (SCP) within the Department of
Environmental Health (DEH) Site Mitigation Programs (County of Santa Clara 2021b) with copies
of all documentation provided to the County Department of Planning and Development.
b) If residual pesticides are present at the corral site, then the Applicant shall have soils containing
pesticides removed from the site and characterized and disposed of according to the California
Hazardous Waste Regulations. Contaminated soil that exceeds regulatory thresholds shall be
handled by trained personnel using appropriate personal protective equipment (PPE) and
engineering and dust controls, in accordance with local, state, and federal laws, such as those
enforced by Cal/OSHA and the Bay Area Air Quality Management District (BAAQMD). Any
contaminated soils that are removed from the site shall be disposed of at a licensed hazardous
materials disposal site.
Less than Significant
Impact 3.9-3: The Project would contribute to the
cumulative increases in the risk of exposure to
hazardous materials.
Mitigation Measure 3.9-3: Implement Mitigation Measure 3.9-2. Less than Significant
11.4.b
Packet Pg. 669 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-50 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
Hydrology and Water Quality
Impact 3.10-1: Project construction grading and
other activities would substantially degrade surface
or groundwater quality.
Mitigation Measure 3.10-1: Implement Mitigation Measure 3.4-4 from Section 3.4, Biological
Resources.
Less than Significant
Impact 3.10-2: Project operation and subsequent
reclamation of the Project site would not
substantially degrade surface or groundwater
quality.
None required. Less than Significant
Impact 3.10-3: The Project would not substantially
decrease groundwater supplies through affecting
groundwater quality such that the Project may
impede sustainable groundwater management of the
basin.
None required. Less than Significant
Impact 3.10-4: Project activities would not have an
adverse impact on groundwater production in local
groundwater wells.
None required. Less than Significant
Impact 3.10-5: The Project would not substantially
increase regional consumptive use of groundwater
or reduce recharge, thereby decreasing availability
of groundwater.
None required. Less than Significant
Impact 3.10-6: The Project would not impede
sustainable groundwater management of a
groundwater basin.
None required. Less than Significant
Impact 3.10-7: The Project would not substantially
alter existing drainage patterns in a manner that
would result in substantial erosion or siltation on or
off site, increased runoff, or adverse impacts on
water quality or related to flood flows.
None required. Less than Significant
Impact 3.10-8: The Project would not risk release of
pollutants due to Project inundation in a flood hazard
zone, or due to impeding or redirecting flood flows.
None required. Less than Significant
Impact 3.10-9: The Project would not conflict with
the CCRWQCB Basin Plan or obstruct
implementation of a sustainable groundwater
management plan.
None required. Less than Significant
11.4.b
Packet Pg. 670 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-51 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
Impact 3.10-10: The Project would n contribute to
significant cumulative degradation of water quality.
Mitigation Measure 3.10-10: Implement Mitigation Measure 3.4-4 from Section 3.4, Biological
Resources, during Project construction.
Less than Significant
Impact 3.10-11: The Project would not contribute to
significant cumulative increases in the consumption
of groundwater supply.
None required. Less than Significant
Mineral Resources
Impact 3.11-1: The Project could result in the loss of
a valuable mineral resources or loss of a locally
important mineral resource recovery site.
None required. Less than Significant
Impact 3.11-2: The Project could contribute to
cumulative loss of availability of a known mineral
resource or loss of a locally important mineral
resource recovery site.
None required. Less than Significant
Noise and Acoustics
Impact 3.12-1: Project construction would result in
temporary increases in ambient noise levels in the
Project vicinity.
None required. Less than Significant
Impact 3.12-2: Project operations would
permanently increase ambient noise levels in the
vicinity of the Project.
None required. Less than Significant
Impact 3.12-3: Use of conventional earth moving
equipment during construction, operation, and
reclamation could generate groundborne vibration
and groundborne noise levels.
None required. Less than Significant
Impact 3.12-4: The Project would not result in a
cumulatively considerable contribution to a
significant noise or vibration impact.
None required. Less than Significant
Transportation
Impact 3.13-1: The Project would not conflict with
County of Santa Clara policies addressing the
circulation system, including transit, roadway,
bicycle, and pedestrian facilities.
None required. Less than Significant
Impact 3.13-2: The Project would generate
substantial additional VMT.
No mitigation available. Significant and Unavoidable
11.4.b
Packet Pg. 671 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-52 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
Impact 3.13-3: Project construction could increase
roadway hazards due to the presence of large
construction trucks, temporary lane closures and
detours.
Mitigation Measure 3.13-3: Construction Traffic Control Plan
The Applicant shall require the construction contractor to prepare and submit a Construction Traffic
Control Plan to the County of Santa Clara Department of Public Works and Caltrans District 4 for
approval prior to the onset of construction. The Construction Traffic Control Plan shall be prepared in
accordance with the California Department of Transportation Transportation Management Plan
Guidelines (2015) and shall include, at a minimum, the following:
a. Restricting or limiting heavy vehicle traffic to and from the Project site to occur outside the peak
commute hours (7:00-9:00 a.m. and 4:00-6:00 p.m.);
b. Timing of deliveries of heavy equipment and building materials to occur outside the peak commute
hours;
c. Directing construction traffic with a flag person;
d. Placing temporary signing, lighting, and traffic control devices if required, including, but not limited
to, appropriate signage along access routes to indicate the presence of heavy vehicles and
construction traffic;
e. Ensuring access for emergency vehicles to the Project site;
f. Temporarily closing travel lanes or delaying traffic during materials delivery or the construction of
roadway improvements;
g. Storing construction equipment on-site during construction;
h. Identifying and using truck routes acceptable to Caltrans and the County for construction-related
heavy trucks;
i. Maintaining access to any adjacent properties; and,
j. Specifying both construction-related vehicle travel and oversize load haul routes, minimizing
construction traffic during the a.m. and p.m. peak hours.
Less than Significant
Impact 3.13-4: The Project could result in
inadequate emergency access.
Mitigation Measure 3.13-4: Implement Mitigation Measure 3.13-3, Construction Traffic Control Plan. Less than Significant
Impact 3.13-5: The Project would contribute to
cumulative increases in vehicle miles traveled.
No mitigation available. Significant and Unavoidable
Impact 3.13-6: The Project would contribute to
significant cumulative increases in roadway hazards
and/or interference with emergency access.
Mitigation Measure 3.13-6: Implement Mitigation Measure 3.13-3, Construction Traffic Control Plan. Less than significant
Utilities and Service Systems
Impact 3.14-1: The Project would increase demand
for water supply.
None required. Less than Significant
11.4.b
Packet Pg. 672 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
Summary
Sargent Quarry S-53 ESA / D201901577.01
Draft EIR July 2022
TABLE S-1 (CONTINUED)
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Environmental Impact Mitigation Measures
Level of Significance
after Mitigation
Impact 3.14-2: The Project would generate
additional solid waste.
None required. Less than Significant
Impact 3.14-3: Project construction and operation
would comply with federal, state, and local
management and reduction statutes and regulations
related to solid waste.
None required. Less than Significant
Impact 3.14-4: The project would contribute to
cumulative increases in demand for water supply.
None required. Less than Significant
Impact 3.14-5: The project would contribute to
cumulative increases in generation of solid waste.
None required. Less than Significant
Wildfire
Impact 3.15-1: The Project could exacerbate wildfire
risks and could thereby expose people to pollutant
concentrations from a wildfire or expose people or
structures to risk of loss, injury, or death involving
wildland fires.
None required. Less than Significant
Impact 3.15-2: The Project could expose people or
structures to risks, including downslope or
downstream flooding or landslides, as a result of
runoff, post-fire slope instability, or drainage
changes.
None required. Less than Significant
Impact 3.15-3: The Project could result in a
cumulatively considerable contribution to a
significant cumulative impact related to wildfire.
None required. Less than Significant
11.4.b
Packet Pg. 673 Attachment: Attachment 2 - Draft EIR Summary of Impacts and Mitigation Measures (3928 : Consideration
11.4.c
Packet Pg. 674 Attachment: City of Morgan Hill Resolution Supporting the Preservation of Sargent Ranch/Juristac as Open Space (3928 : Consideration of
11.4.c
Packet Pg. 675 Attachment: City of Morgan Hill Resolution Supporting the Preservation of Sargent Ranch/Juristac as Open Space (3928 : Consideration of
11.4.d
Packet Pg. 676 Attachment: City of Santa Cruz Resolution Supporting the Preservation of Sargent Ranch/Juristac as Open Space (3928 : Consideration of
11.4.d
Packet Pg. 677 Attachment: City of Santa Cruz Resolution Supporting the Preservation of Sargent Ranch/Juristac as Open Space (3928 : Consideration of
RESOLUTION NO. 21-9037
A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA
I N SUPPORT OF THE EFFORTS OF THE AMAH MUTSUN
TRIBAL BAND TO PRESERVE SARGENT RANCH/JURISTAC AS
OPEN SPACE
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
WHEREAS, the City of Santa Clara is located within the ancestral lands of Tamyen-speaking
O hlone peoples, whose descendants today belong to the Muwekma Ohlone Tribe, Amah
M utsun Tribal Band and other tribal nations;
WHEREAS, the City of Santa Clara supports the efforts of the Indigenous peoples of our region
to heal from historical trauma, regain access to their sacred cultural heritage sites and restore
their cultural and spiritual traditions;
W HEREAS, the Debt Acquisition Company of America, doing business as Sargent Ranch
M anagement Company, has applied to the County of Santa Clara for a conditional use permit
for a proposed sand and gravel mining operation with aggregate processing facilities on
a pproximately 320 acres of Sargent Ranch, within an area known as Juristac to the Amah
M utsun Tribal Band;
WHEREAS, the protection of culturally sensitive resources and natural open space areas is an
i mportant objective as set forth in the California Environmental Quality Act (CEQA);
WHEREAS, Juristac is the location of historic ceremonial and sacred sites, comprising a
l andscape of paramount cultural and spiritual importance to the Amah Mutsun Tribal Band;
W HEREAS, the Amah Mutsun Tribal Band maintains that the 320 acres of proposed mining
pits, overburden piles, roads, and processing facilities would irreparably harm Mutsun cultural
resources, landscape features, and the spiritual integrity of Juristac;
WHEREAS, the Tribal Council of the Amah Mutsun Tribal Band has taken a unanimous stand in
o pposition to the Sargent Quarry Project and is requesting the support of surrounding
communities in efforts to protect their sacred grounds;
Resolution/Supporting the protection of the sacred lands of Juristac Page 1 of 3
Rev: 11/22/17
11.4.e
Packet Pg. 678 Attachment: City of Santa Clara Resolution Supporting the Preservation of Sargent Ranch/Juristac as Open Space (3928 : Consideration of
WHEREAS, Sargent Ranch/Juristac is an open space area of exceptional regional significance
and habitat value as recognized by the Santa Clara Valley Habitat Agency, the Santa Clara
Valley Open Space Authority, and regional conservation organizations, and is of such
significance as to bring benefit to the City of Santa Clara as well as the region as a whole;
WHEREAS, the Sargent Ranch area is identified in the Santa Clara Valley Habitat Conservation
Plan and other regional habitat connectivity studies as a critically important wildlife corridor
linking the Santa Cruz Mountains, Gabilan Mountains, and Diablo Range; the City of Santa
Clara's 2010-2035 General Plan names the Santa Clara Valley Habitat Conservation Plan as
part of the City's vision of regional land use and transportation planning and coordination [6.2.2];
WHEREAS, the City of Santa Clara aspires to advance leadership in sustainability through
i nitiatives and efforts that include support for regional open space and habitat preservation,
protection of air and water quality, and the dedication of public trails;
WHEREAS, as demonstrated by the City of Santa Clara's efforts to preserve and steward the
40-acre Ulistac Natural Area, a historic Tamyen Ohlone cultural site located within city limits, the
City supports the protection and preservation of Indigenous cultural heritage sites;
W HEREAS, it is a goal of the City of Santa Clara, as outlined in the 2010-2035 General Plan, to
protect and preserve cultural resources, as well as archaeological sites [5.6.3-G 1]; and,
WHEREAS, the City of Santa Clara supports the rights of Indigenous peoples to access,
m aintain, and protect their religious and cultural sites, as enshrined in Article 12 of the United
N ations Declaration on the Rights of Indigenous Peoples.
N OW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS
FOLLOWS:
That the City Council of the City of Santa Clara supports the efforts of the Amah Mutsun
Tribal Band to preserve Sargent Ranch/Juristac as open space in perpetuity and to regain
access to their cultural and spiritual sites at Juristac.
//
Resolution/Supporting the protection of the sacred lands of Juristac Page 2 of 3
Rev: 11 /22/17
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Packet Pg. 679 Attachment: City of Santa Clara Resolution Supporting the Preservation of Sargent Ranch/Juristac as Open Space (3928 : Consideration of
2. That the City Council of the City of Santa Clara urges the County of Santa Clara to deny
a pproval of permits for the proposed Sargent Quarry Project.
3. Effective date. This resolution shall become effective immediately.
H EREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED
A ND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING
THEREOF HELD ON THE 14T" DAY OF DECEMBER, 2021, BY THE FOLLOWING VOTE:
AYES: COUNCILORS: Becker, Chahal, Hardy, Jain, Park, and Watanabe,
a nd Mayor Gillmor
N OES: COUNCILORS: None
A BSENT: COUNCILORS: None
ABSTAINED: COUNCILORS: None
ATTEST:
NORA PIMENTEL, MMC
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
Attachments incorporated by reference: None
Resolution/Supporting the protection of the sacred lands of Juristac Page 3 of 3
Rev: 11 /22/17
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Packet Pg. 680 Attachment: City of Santa Clara Resolution Supporting the Preservation of Sargent Ranch/Juristac as Open Space (3928 : Consideration of
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Packet Pg. 681 Attachment: City of Sunnyvale Resolution Supporting the Preservation of Sargent Ranch/Juristac as Open Space (3928 : Consideration of
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Packet Pg. 682 Attachment: City of Sunnyvale Resolution Supporting the Preservation of Sargent Ranch/Juristac as Open Space (3928 : Consideration of
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Packet Pg. 683 Attachment: City of Sunnyvale Resolution Supporting the Preservation of Sargent Ranch/Juristac as Open Space (3928 : Consideration of
August 8, 2022
Re: Sargent Ranch Quarry application
Dear Mayor Blankley and Council Members,
We ask you to enact a resolution urging Santa Clara County to deny the application for a quarry on the
Sargent Ranch property. We also ask you to direct staff to make official comments on the Draft Envi-
ronmental Impact Report. The proposed quarry would be located four miles south of our city, is within
our sphere of influence, and our residents would bear the brunt of its impacts.
Based on our review of the DEIR, the following “significant and unavoidable impacts” (none can be fully
mitigated) would have a permanent detrimental effect on health, environment, and quality of life within
Gilroy, in addition to conflicting with several of our General Plan 20/40 policies:
1. Aesthetics—The visual character from US 101 at our southern gateway, which the County has desig-
nated a scenic highway, would be severely jeopardized. General Plan policy NCR 1.6 calls for “devel-
oping and applying preservation tools to protect open space areas in and around the city”.
2. Air Quality—Several of the air pollution elements would cause a clear health threat. General Plan
Goal EJ 1 asserts a commitment to environmental justice and the inclusion of those most impacted by
environmental problems in decision making. That means our own Gilroy residents!
3. Transportation/Traffic —The addition of 240 one-way trips of heavy gravel trucks/day would
severely impact the already heavy traffic and pavement quality on Hwy 101, even with the addition
of the planned third lanes. See General Plan M 7.1 and M 7.2 about mobility and agency cooperation.
4. Biological Resources—The project would impede natural wildlife movement and biodiversity be-
tween the Santa Cruz and Diablo Ranges. See General Plan NCR 1.1 and NCR 1.6 about Habitat Plan
Compliance (Gilroy is a member), and our community values set forth in this NCR Chapter.
5. Geology, Soils, and Paleontology—This project would permanently damage the natural terrain and
resources. It has the potential to destroy paleontological resources, since it is the heritage land of
our local Amah Mutsun tribe. This conflicts with General Plan Policy NCR 1.5.
6. Cultural and Tribal Resources—This project would desecrate the Juristac Tribal Cultural Landscape
because it would use irreplaceable natural resources in violation of their beliefs. See General Plan
NCR 5.4 which calls for “...the preservation of historical and archaeological sites”.
Chapter 8 of our General Plan 20/40—Natural and Cultural Resources—begins with the following:
“Gilroy’s location in the southern Santa Clara Valley, surrounded by hills, streams, and agriculture,
is one of the many reasons that residents love living here. Gilroy has a proud, multi-cultural heritage
that spans centuries. These sensitive natural and cultural resources are critical to Gilroy’s vibrancy
and prosperity, and therefore deserve protection.”
Members of Gilroy Growing Smarter have met to discuss this issue in depth. In light of the above, we
are asking you, our City Council Members, to spare our residents the serious health and environmental
impacts this project would bring, honor our General Plan 20/40, direct staff to officially comment on
the DEIR, and ultimately enact a resolution denying the quarry application.
Sincerely,
Connie Rogers, Chair
Gilroy Growing Smarter
Keeping Gilroy Healthy & Beautiful
Connie Rogers | Chair
Phone 408-842-8494 | Website GilroyGrowingSmarter.org
Email communications@GilroyGrowingSmarter.org
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Packet Pg. 684 Attachment: Correspondence - Rogers, Connie (3928 : Consideration of Sargent Ranch Quarry Project and DEIR and provide direction)